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This slideshow is intended to be used a platform for a discussion of women and the law in the United States.

This slideshow is intended to be used a platform for a discussion of women and the law in the United States.

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Women In America Women In America Presentation Transcript

  • Women in America Laws and Practices in America 1600-present
  • As a majority of humankind, women comprise the largest group in the world yet they also participate in nearly every other group in society. The simultaneous oneness and diversity has confounded almost everyone who has studied it. Why Study Women?
  • The story of women and the law in the United States is intimately tied to the story of women and culture. And, one’s rights were often dependent upon social status, race, and geography as well as one’s status as a woman.
  • 3 Hours of Women’s History in US Timeline of women’s history (not focused  on law in particular) in US History of the Laws relating to women  Jeopardy 
  • 10 Fast Facts About Women in US Women hold 50.3% of all management and professional positions  yet only 7.9% of Fortune 500 top earners are women Every year approximately 4 million American women are victims  of serious assault by husbands or partners In 2007, earned 77 cents for every $1 earned by men  82.8 million =  Estimated number of mothers of all ages in the United States Nearly 6.5 million =  The number of women-owned businesses in 2002
  • 10 Fast Facts About Women in US 65% =  Percentage of female citizens 18 and older who reported voting in the 2004 presidential election yet 16% of representatives are women and we are 69th in the world in that percentage 202,000 =  Total number of active duty women in the military, as of Sept. 30, 2006 5.6 million  Number of stay-at-home mothers nationwide in 2006, up from 4.6 million a decade earlier 84%  Proportion of women with computers in the home in 2003 who made use of that computer, 2 percentage points higher than the corresponding proportion for men 3 million  Number of girls who participated in high school athletic programs in the 2005- 06 school year
  • But Tell Us Something We Don’t Know!
  • An Overview Before 1700s Spanish Spanish women suffered the hardships and dangers of exploration • Gathered food, cooked, tended the sick, cared for their families • and laundered for the men Few women owned property and businesses because Spanish law • allowed them to do so Spanish law also allowed women to inherit, own and operate • property/ receive land grants from the Crown.
  • An Overview Before 1700s Women could testify in a legal proceeding and they could testify • against their spouse. Unwed women also had recourse in the courts. Rape not considered immoral in Spain. • Native Americans Hundreds of different tribes of Native Americans • 2,000 distinct language groups • Considered their destiny to marry and have children. They • performed these chores as well as farming chores.
  • An Overview Before 1700s Colonies Poor women came to Virginia as indentured servants. • 25 % of the indentured servant population was female • Nearly 75% of the women in the colonies were serving an • indenture. Many women were sent to the colonies as brides by the London • company (had to have letters attesting to their virtue and honesty). Different laws in different colonies. Women in Maryland who • were single could own 100 acres of land. Land was also available in South Carolina. Slave women were at the bottom of society. Slave fertility was • important and slave mammies often served as wet nurses. Slave families were matrifocal.
  • An Overview Before 1700s Colonies Maryland landowner Margaret Brent argued in 1648 that her • status as a property holder entitled her to the right to vote. In New Netherlands, Dutch women were very involved in • religious and educational training for immigrants. New Orleans had 88 inmates of a jail in Paris. The Ursuline • Sisters tried to keep these inmates in line by placing them on wooden horses and beating them. Eventually, many became prostitutes. Anne Hutchinson was tried in 1637 for behavior unbefitting • a woman. She is known for thus pioneering the American principles of free speech and freedom of conscience.
  • An Overview Before 1700s Colonies 17th century practice of bundling where courting couples could • slept together with their clothes on. Puritan ministers berated women for tempting man but also • considered a wife a comfort and companion. Girls in Massachusetts around this time were only expected to • be able to read the Bible, not more. Despite cultural norms, Anne Bradstreet wrote poetry. • Salem Witch trials in 1692 – most defendants and accusers • were women. There were either good women or witches.
  • An Overview Early 1700s Females were entitled to protection by fathers, husbands or • legal guardians. Marriage contracts were only in the husband’s name. Personal effects including clothing belonged to husband. Femme soles or women alone could however conduct business • on their own. English law referred to widow as a relic. Widows were entitled • to 1/3 husband’s estate. In New Netherlands, women had same legal status as men and • could own and inherit property. Most women in the colonies averaged 12 births. • Phillis Wheatley’s poems published in 1761. •
  • An Overview 1700s 1776 -- Abigail Adams requests husband John • remember the ladies at the Continental Congress Birth rate is about 5/6 per woman • 1777 -- Women participated in American Revolution • Women made a show of hats to give enemy impression • men were there. They raised money, converted homes, served as • spies. Estimates say 10,000-20,000 Review
  • An Overview Late 1700s Advice Literature began to spring up touting 4 Cardinal • virtues: piety, purity, submissiveness, domesticity Early 1800s In the 1820s, the textile industry became a major factory • system in the United States. Factory girls worked 12-15 hours a day. Moralistic authors stressed that it was a woman’s • responsibility to the weaker sex to control a man’s lust and his possible assaults on her. Women’s days still filled largely with chores. Laundering • took the most time.
  • An Overview 1800s Oberlin becomes coeducational and awards degrees to • women Women are taught science and math. • Sarah Grimke begins career as abolitionist/women’s right • advocate Lucretia Mott, a Quaker activist, organizes first National • Female Anti-Slavery Society meeting in NY 1839 --Miss passes first Married Woman’s Property Act • 1840 -- American delegates to World Anti-Slavery • Convention in London are rejected because they are women 1844 -- Female textile workers in Massachusetts organize • the Lowell Female Labor Reform Association 1848 -- Seneca Falls Convention and Harriet Tubman • escapes from slavery – NY passes Married Womens Property Act
  • An Overview 1800s 1850 Amelia Jenks Bloomer launches dress reform movement The bloomer was later believed by some suffragists to detract from the cause. Women on the trail west were responsible for assembly, supplies, sewing, and packing. On the trail, performed every job including butchering. Women sought lucrative work in California in mining camps. Some came West to work in bars, brothels. Prostitution became lucrative. 1851 Sojourner Truth delivers Ain’t I a Woman speech in Akron, Ohio 1852 Harriet Beecher Stowe publishes Uncle Tom’s Cabin 1852 Lucretia Mott writes Discourse on Woman arguing that women’s inferiority is attributable to lack of education 1859 Birth rate declines and condoms become available 1861-5 Civil war as a training ground for women
  • An Overview 1800s During the war, women served as nurses. Mary Bickerdyke • was known as the calico colonel for supplying Sherman’s troops with food and clothing. She tended to over 2,000 wounded men. Some women took government jobs during the war. Others • volunteering on the battlefront. About 400 masqueraded as men and fought with the Union • forces. In the South, there were bread riots. Some women served • by following armies, others disguised themselves and some were spies. Black freewomen still had few rights. •
  • An Overview 1800s 1865 Southern Confederate groups led by women create memorials 1865 Elizabeth Cady Stanton and Susan B. Anthony form American Equal Rights Association to focus on suffrage for women 1868 14th Amendment is ratified and defines voters and citizens as male 1870 15th Amendment enfranchises black men and Mormon women in Utah were granted the right to vote 1871 Lawsuits by women argue for the right to vote and the right to practice law – all of them fail 1872 Susan B. Anthony is arrested for attempting to vote for Ulysses S Grant for president (2oo others did too) some disguised as men
  • An Overview 1800s 1874 The Woman's Christian Temperance Union is founded by Annie Wittenmyer. One of the most vehement opponents to women's enfranchisement is the liquor lobby, which fears women might use the franchise to prohibit the sale of liquor. First women’s prison opened in Indianapolis. 1876 to 1879 Lawyer Belva Ann Lockwood is denied permission to practice before the Supreme Court. She becomes the first woman to do so in 1879. 1884 In the presidential election, Belva Ann Lockwood runs for president on the National Equal Rights Party ticket and a reform platform. She wins 4,149 votes in six states.
  • An Overview 1800s 1890 The NWSA and the AWSA are reunited as the National American Woman Suffrage Association (NAWSA) under the leadership of Elizabeth Cady Stanton. 1890 Ida B. Wells-Barnett launches her nation-wide anti-lynching campaign after the murder of three black businessmen in Memphis, Tennessee. 1893 Hannah Greenbaum Solomon founds the National Council of Jewish Women (NCJW) Colorado becomes the first state to adopt a state amendment enfranchising women. 1900 Women made up 25% of workforce, 30% of all African American women worked outside of the home. Few professionals 1903 Mary Dreier, Rheta Childe Dorr, Leonora O'Reilly, and others form the Women's Trade Union League of New York 1912 Theodore Roosevelt's Progressive (Bull Moose/Republican) Party becomes the first national political party to adopt a woman suffrage plank.
  • An Overview 1900s 1913 Members of the Congressional Union organize suffrage parade, carefully scheduling it for the day before President Wilson's inauguration (it is said that when Wilson arrived in town, he found the streets empty of welcoming crowds and was told that everyone was on Pennsylvania Avenue watching the parade) 1916 Jeannette Rankin of Montana becomes the first American woman elected to represent her state in the U.S. House of Representatives. 1917 Women win the vote in NY. 1917 About 30,000 serve in WWI. Others worked as munitionettes. 1920 Following ratification by the necessary thirty-six states, the Nineteenth Amendment is adopted. 26 million women can vote. (note: after Sweden, Scotland, Ireland, Australia, etc.) 21 states on east coast did not ratify. Map. Review.
  • Green Full suffrage Orange Presidential suffrage Dark Blue Primary suffrage Yellow Municipal suffrage Light Blue School, bond, tax suffrage Dark Red Municipal suffrage cities Pink Primary suffrage cities Bright Red No suffrage Return
  • An Overview 1900s 1921 Margaret Sanger founds the American Birth Control League, which evolves into the Planned Parenthood Federation of America in 1942. Hollywood becomes glamorous. 1932 2 million invisible unemployed and homeless (pink collar employment) 1935 Mary McLeod Bethune organizes the National Council of Negro Women, a coalition of black women's groups that lobbies against job discrimination, racism, and sexism 1936 Female friendships were close – shared beds. The corset was popular. Folk remedies were used by many women. Disapproval of women in competitive sports.
  • An Overview 1900s 1941 WWII – 400,000 women join US military forces WASP – During World War II, a select group of young women pilots became pioneers, heroes, and role models. They were the Women Airforce Service Pilots, WASP, the first women in history trained to fly American military aircraft. 1938 Chinese women strike against garment factories 1943 Women were 33% workforce 1944 Cult of Domesticity returns/pinups 1945 Chinese and Japanese immigration after war 1954 Brown v. Board of Ed decided 1955 Cult of domesticity/ invention of Barbie 1955 Rosa Parks bus boycott
  • An Overview 1900s 1960 The FDA approves birth control pills. 1962 Rachel Carson publishes Silent Spring 1963 Congress passes the Equal Pay Act, making it illegal for employers to pay a woman less than what a man would receive for the same job 1964 Title VII of the Civil Rights Act bars discrimination in employment on the basis of race and sex. At the same time it establishes the Equal Employment Opportunity Commission (EEOC) to investigate complaints and impose penalties. 1965 In Griswold v. Connecticut, the Supreme Court strikes down the one remaining state law prohibiting the use of contraceptives by married couples.
  • An Overview 1900s 1967 Executive Order 11375 expands President Lyndon Johnson's affirmative action policy of 1965 to cover discrimination based on gender. As a result, federal agencies and contractors must take active measures to ensure that women as well as minorities enjoy the same educational and employment opportunities as white males. 1970s The Equal Rights Amendment (ERA) is passed by Congress and sent to the states for ratification. Originally drafted by Alice Paul in 1923, the amendment reads: quot;Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.quot; The amendment died in 1982 when it failed to achieve ratification by a minimum of 38 states.
  • An Overview 1900s 1972 June 23 Title IX of the Education Amendments bans sex discrimination in schools. It states: quot;No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.quot; As a result of Title IX, the enrollment of women in athletics programs and professional schools increases dramatically. 1973 As a result of Roe v. Wade, the Supreme Court establishes a woman's right to safe and legal abortion, overriding the anti- abortion laws of many states. 1976 The first marital rape law is enacted in Nebraska, making it illegal for a husband to rape his wife
  • An Overview 1900s 1978 The Pregnancy Discrimination Act bans employment discrimination against pregnant women. Under the Act, a woman cannot be fired or denied a job or a promotion because she is or may become pregnant, nor can she be forced to take a pregnancy leave if she is willing and able to work. 1984 EMILY's List (Early Money Is Like Yeast) is established as a financial network for pro-choice Democratic women running for national political office. The organization makes a significant impact on the increasing numbers of women elected to Congress.
  • An Overview 1900s 1986 Meritor Savings Bank v. Vinson, the Supreme Court finds that sexual harassment is a form of illegal job discrimination. 1992 In Planned Parenthood v. Casey, the Supreme Court reaffirms the validity of a woman's right to abortion under Roe v. Wade. 1993 Ruth Bader Ginsburg appointed to Supreme Court, Connie Chung became television anchor 1994 The Violence Against Women Act tightens federal penalties for sex offenders, funds services for victims of rape and domestic violence, and provides for special training of police officers.
  • An Overview 1900s 1996 In United States v. Virginia, the Supreme Court rules that the all-male Virginia Military School has to admit women in order to continue to receive public funding. It holds that creating a separate, all-female school will not suffice. 2006 Supreme Court ruling, 5-4, upholds the Partial-Birth Abortion Ban Act, a federal law passed in 2003, is the first to ban a specific type of abortion procedure. Writing in the majority opinion, Justice Anthony Kennedy said, quot;The a ct expresses respect for the dignity of human life.quot; Justice Ruth Bader Ginsburg, who dissents, called the decision quot;alarmingquot; and said it is quot;so at odds with our jurisprudencequot; that it quot;should not have staying power.”
  • So, now that you have a general idea of the cultural, social, and economic backdrops for laws, let’s look at different categories of women and explore how they have fared under the law in the United States.
  • Native American Woman and the Law 1600 Roles varied depending on tribe. Basically roles were controlled by NA practices until 1924. 1924 NA women could not vote until U.S. Congress passes a law declaring all Native American U.S. citizens, entitling Native people to the right to vote in national elections (1924) 1975 In 1975 alone, some 25,000 Native American women were permanently sterilized--many after being coerced, misinformed, or threatened. One former IHS nurse reported the use of tubal ligation on quot;uncooperativequot; or quot;alcoholicquot; women into the 1990s. 1980 In the 1980s, Wilma Mankiller, Cherokee, became the first modern woman leader of the Cherokee Nation. Mankiller was re-elected Was principal chief of the Cherokee Nation in 1991. 2000 On most reservations today, tribes prosecute misdemeanors committed by Indians, and the state prosecutes crimes committed by non- Indians against non-Indians. But when a non-Indian victimizes an Indian, only U.S. attorneys can file charges. But U.S. attorneys often don’t pursue such cases. How does this impact women? If a white man, victimizes an Indian, she must rely on the United States Attorney to prosecute.
  • Hispanic American Woman and the Law Depended on geography -- By continuing the Spanish practice of  giving limited, specific rights to married women, Texans (many whom were Hispanic) avoided the English common-law practice of vesting the wife's legal identity in her husband.  Anglo-American law confined married women more than the Hispanic system, and a Texas statute enacted in 1840 guaranteed rights that women have had ever since: to own separate property (the personal effects, real estate, and stocks and bonds possessed at the time of marriage) and to share equally with their husbands the wealth amassed during marriage.  By requiring each voter in primary elections to pay a poll tax, for example, the Terrell Election Laws of 1903 and 1907 barred many African and Mexican Americans from voting.  It was not until 1954, Texas women first served on juries.
  • Chinese American Women and the Law 1790 First recorded arrival of Asian Indians in the United States. Chinese first appear in court in California. 1852 California passes law against importation of Chinese, 1853 Japanese, & quot;Mongolian“ women for prostitution. Page Law in Congress bars entry of Chinese, 1870 Japanese, and quot;Mongolian“ prostitutes, felons, and contract laborers. 1922 Cable Act declares that any American female citizen who marries quot;an alien ineligible to citizenship“ 1943 Congress repeals all Chinese exclusion laws, grants right of naturalization and a very small immigration quota to Chinese (105 per year).
  • African American Woman and the Law 1656 Elizabeth Key, whose mother=slave and father=white planter, sued for her Freedom, claiming her father's free status and her baptism as grounds -- and the courts upheld her claim 1662 Virginia House of Burgesses passed a law that a child's status followed the mother's, if the mother was not white, contrary to English common law in which the father's status determined the child's 1663 Maryland passed a law under which free white women would lose their freedom if they married a black slave, and under which the children of white women and black men became slaves 1670 Virginia passed a law that quot;Negroesquot; or Indians, even those free and baptized, could not purchase any Christians, but could purchase quot;any of their own nation [race]” 1780 Massachusetts passed a law abolishing slavery and giving African American men (but not women) the right to vote 1808 (January 1) importing slaves to the United States became illegal; about 250,000 more Africans were imported as slaves to the United States after slave imports became illegal 1809 New York began recognizing marriages of African Americans 1833 in Connecticut, Prudence Crandall admitted an African American student to her girls' school, reacted to disapproval by dismissing the white students in February and, in April, reopened it as a school for African American Girls and Connecticut passed a law forbidding the enrollment of black students without own permission, under which Prudence Crandall was jailed for one night -- the county jury did not reach a decision on the case and the Superior Court dismissed the case
  • African American Woman and the Law (cont.) 1834 Prudence Crandall closed her school for African American girls in the face of harassment 1855 In Missouri v. Celia, a Slave, a Black woman is declared to be property without a right to defend herself against a master's act of rape 1865 slavery ended in the United States with the passage of the 13th Amendment to the Constitution 14th Amendment to the US Constitution granted US citizenship to 1868 African American men 1896 Supreme Court in Plessy v. Ferguson upholds Louisiana law segregating railway cars, invalidating the Civil Rights Act of 1875, and leading to the passage of many more Jim Crow laws 1920 19th Amendment to the US Constitution became law, but practically this did not give the vote to Southern African American women, who, like African American men, were largely prevented by other legal and extra- legal measures from exercising the vote 1954 Brown v. Board of Education, Supreme Court orders schools desegregate quot;with all deliberate speedquot; -- finds quot;separate but equalquot; public facilities to be unconstitutional US Civil Rights Act of 1964 became law 1964
  • White American Woman and the Law 1701 The first sexually integrated jury hears cases in Albany, New York. All states pass laws which take away women’s right to vote. 1777 1900 By now, every state has passed legislation modeled after New York’s Married Women’s Property Act (1848), granting married women some control over their property and earnings. 1908 Muller v State of Oregon, 208 U.S. 412 (1908): The U.S. Supreme Court upholds Oregon’s 10-hour workday for women. The win is a two-edged sword: the protective legislation implies that women are physically weak. 1918 New York v. Sanger, 222 NY 192, 118 N.E. 637 (Court of Appeals 1917), National Archives, Records of the U.S. Supreme Court, RG 267 (MSDME-CDS C 15:298). Margaret Sanger wins her suit in New York to allow doctors to advise their married patients about birth control for health purposes. 1932 The National Recovery Act forbids more than one family member from holding a government job, resulting in many women losing their jobs. 1963 The Equal Pay Act is passed by Congress, promising equitable wages for the same work, regardless of the race, color, religion, national origin or sex of the worker. 1964 Title VII of the Civil Rights Act passes including a prohibition against employment discrimination on the basis of race, color, religion, national origin, or sex.
  • White American Woman and the law 1968 Executive Order 11246 prohibits sex discrimination by government contractors and requires affirmative action plans for hiring women. 1969 Bowe v. Colgate-Palmolive Company, 416 F. 2d 711 (7th Cir.1969), the Seventh Circuit Court of Appeals rules that women meeting the physical requirements can work in many jobs that had been for men only. 1971 Phillips v. Martin Marietta Corporation, 400 U.S. 542 (1971): The U.S. Supreme Court outlaws the practice of private employers refusing to hire women with pre-school children. 1972 Title IX (Public Law 92-318) of the Education Amendments prohibits sex discrimination in all aspects of education programs that receive federal support. Roe v. Wade, 410 U.S. 113 (1973) and Doe v. Bolton, 410 U.S. 179 (1973): The U.S. Supreme Court declares that the Constitution protects women’s right to terminate an early pregnancy, thus making abortion legal in the U.S. 1974 Housing discrimination on the basis of sex and credit discrimination against women are outlawed by Congress. 1978 The Pregnancy Discrimination Act bans employment discrimination against pregnant women. 1993 The Family and Medical Leave Act goes into effect. 1994 The Violence Against Women Act funds services for victims of rape and domestic violence, allows women to seek civil rights remedies for gender- related crimes, provides training to increase police and court officials’ sensitivity and a national 24-hour hotline for battered women.
  • Jeopardy People Events Places Suffrage Laws 100 100 100 100 100 200 200 200 200 200 500 500 500 500 500 1000 1000 1000 1000 1000 2000 2000 2000 2000 2000
  • American delegates to World Anti-Slavery Convention in this city were rejected because they were women
  • What is London?
  • In this Colony, women were able to own property and businesses.
  • What was New Spain?
  • These 2 women formed the American Equal Rights Association
  • Who are Elizabeth Cady Stanton and Susan B. Anthony?
  • This process resulted in a large number of indentured women serving in Virginia.
  • What was Colonization?
  • She requested that her husband John remember the ladies at the Continental Congress
  • Who was Abigail Adams?
  • A Quaker activist, she organized first National Female Anti-Slavery Society meeting in NY
  • Who was Lucretia Mott?
  • Who was Lucretia Mott?
  • This state passed first Married Woman’s Property Act
  • What is New York?
  • What is Mississippi?
  • The location of a landmark Convention for Women Suffragists
  • What is Seneca Falls?
  • What is Seneca Falls?
  • This Amendment to the Constitution defines voters and citizens as male
  • What is the 14th Amendment?
  • What is the 15th Amendment?
  • This person delivered a speech in 1851 in Akron, Ohio entitled Ain’t I a Woman
  • Who was Sojourner Truth?
  • Who is Sojourner Truth?
  • In 1879, this woman became the first woman to practice before the Supreme Court
  • Who was Belva Lockwood?
  • This state was the first to adopt a state amendment enfranchising women
  • What is Colorado?
  • What is ???
  • What is New York?
  • This amendment gave women the right to vote
  • What is the 19th Amendment?
  • 1920
  • What is the year women got the right to vote?
  • She was tried in 1637 for behavior unbefitting a woman.
  • Who was Anne Hutchinson?
  • This was the location of trials in 1692 where most defendants and accusers were women.
  • What is Salem, Massachusetts?
  • This law provided for equal funding of men’s and women’s programs in federally funded institutions of higher learning.
  • What is Title IX of the Civil Rights Act?
  • This Act tightens federal penalties for sex offenders, funds services for victims of rape and domestic violence, and provides for special training of police officers
  • What is the Violence Against Women Act?
  • These states did not vote for suffrage for women in 1920.
  • What are Connecticut, Vermont, Delaware, Maryland, Virginia, Alabama, Florida, South Carolina, Georgia, Louisiana, North Carolina, and Mississippi. The remaining twelve states of the Union took over sixty years to add their ratifications of the 19th amendment. Ten of these states originally had rejected ratifying the amendment. Mississippi was the last state of the 48 states to ratify the amendment when it did so on March 22, 1984.
  • This woman helped unite the NWSA and the AWSA as the National American Women Suffrage Association.
  • Who was Elizabeth Cady Stanton?
  • 10,000-20,000 women fought in this war.
  • What was the American Revolution?
  • 400,000 women fought in this war.
  • What was World War II?
  • In this case, the Supreme Court ruled that the all-male Virginia Military School has to admit women in order to continue to receive public funding. It holds that creating a separate, all-female school will not suffice.
  • What is United States v. Virginia?
  • During this time, there were 2 million invisible unemployed and homeless women.
  • What was the Depression?
  • The year that of the Seneca Falls Convention.
  • What is 1848?
  • Themes Women’s history is a story of the struggle between maintaining an identity and deconstructing myths about it Interaction between society/environment Often ideas begin as commonly held assumptions that assume a pattern and become an institution: a social structure that supports the values and beliefs of the dominant culture as they evolve. Role in economy Role in wars Role in the home Role in social movements Legal Role
  • Questions? Written and produced by Explore Academy Copyright 2009 www.kidswhothink.blogspot.com kidthinkers@gmail.com