Content Objectives
One of the essential questions of this unit is: Should we pass the E.R.A., or shouldn't we? Have issues of gender-based equality been successful or not in advancing equal protection in the Constitution? In this unit, students will study the History of the E.R.A., the 14th Amendment, the Equal Protection Clause, and how this clause relates to the E.R.A. We will also discuss how the Courts have taken up issues and causes of gender inequality and discrimination not written in the Constitution. These inequities, such as same-sex marriage, abortion rights, and women serving in the military, have been fought and have advanced the cause of gender parity for men and women and achieved political change by not “constitutionalizing it.” The issues of the E.R.A. propelled by the social movements to enact advances and action in the courts were hard-fought.
This unit will also focus on the triumphs and struggles of social issues and their impact on court decisions. "Movements connect practical questions and informal pathways with symbolism to motivate people to political action such as voting, passing out leaflets, displaying a bumper sticker, joining a public demonstration, and donating money or time to the cause."4 Cultural issues play a significant role in how courts decide on substantial issues and political changes. The progress in the E.R.A. movement was gradual, and the courts have been active in promoting civil rights and women's rights over the last several decades. The first time the Supreme Court overturned a law in response to a woman's complaint of unfair sex-based discrimination was in 1971 in Reed v Reed. In Reed, a unanimous decision by the Courts overturned a law that preferred men over women for appointments as administrators of decedents' estates, finding a gender-based classification unconstitutional.
By focusing on issues of gender inequality and affirmative action in the workplace, students will get a firsthand look at gender disparities. “Women still make just 78 cents for every dollar earned by men. Black women earn only 64 cents and Latinas only 54 cents for each dollar earned by white men.”5 The impact women have made in labor history, and the numerous roles women have played to organize, unionize, rally, document, and inspire workers to fight for justice is immeasurable. From championing better workplace conditions to cutting back the 12-hour day to demanding equal pay across racial lines, women have contributed to the labor movement and made a difference in their progress throughout the generations. However, there is still a long road ahead.6
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