Women's rights

  • June 5, 2015
    Guest Post

    by Sarah Lipton-Lubet, Director of Reproductive Health Programs, National Partnership for Women & Families

    *This post is part of ACSblog’s symposium honoring the 50th anniversary of Griswold v. Connecticut.

    On Sunday, I’m getting married.  As I prepare for this milestone and draft my vows, I’m thinking about our life together and the family we might someday create.  About the promises we’ll make to support each other through life’s twists and turns.  And about our partnership in decision making and family life.

    In this moment, my mind turns to Griswold v. Connecticut, the 1965 U.S. Supreme Court decision first protecting the right of married couples to access contraception, which will mark its 50th anniversary on the day of my wedding.

    These two events are inextricably linked – and not only because I’m a reproductive rights advocate.  Griswold is foundational to my equality in our upcoming marriage.  It guarantees my ability to pursue my chosen career (law) the same way that my fiancé pursues his (medicine).  Griswold allows my career to be valued in our relationship and ensures that our joint decisions will further our professional choices.  And it enabled us to spend the last 3 1/2 years in a wonderful romance exploring the potential of a life together – without being forced into parenthood before we are ready.

    Griswold makes my marriage possible because it makes my life possible.  Professors Reva Siegel and Neil Siegel have described Griswold as “offer[ing] women the most significant constitutional protection since the Nineteenth Amendment gave women the right to vote, constitutional protection as important as the cases prohibiting sex discrimination that the Court would decide in the next decade – perhaps even more so.”  The Connecticut ban at issue in Griswold prohibited “[a]ny person” from “us[ing] any drug, medicinal article or instrument for the purpose of preventing conception.”  This denied women control over their reproductive lives, affecting their ability to obtain an education, pursue their careers, become financially stable, and follow their dreams.  As the U.S. Supreme Court put it three decades later in Planned Parenthood v. Casey, “The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.”

  • June 4, 2015
    Guest Post

    by Jill Adams, Executive Director, Center on Reproductive Rights and Justice, University of California, Berkeley School of Law

    *This post is part of ACSblog’s symposium honoring the 50th anniversary of Griswold v. Connecticut.

    When it comes to our most intimate experiences and decisions, the right to privacy should arm the many, not just shield the few who can afford to pay for it.  We’ve learned in the years since Griswold v. Connecticut that privacy is not a panacea for the fulfillment of all people’s sexual and reproductive rights.  The right to privacy has not granted secure and reliable respect for decisions we make in our bedrooms and about our bodies.  This is especially disappointing in a country that places such a legal and cultural premium on matters of autonomy and individualism – particularly in the private sphere.

    Cast in the mold of Griswold’s privacy-based right to use contraception, the right to choose abortion declared in Roe v. Wade similarly presents an important avenue but imperfect vehicle for everyone’s guaranteed arrival at reproductive self-determination.  Courts have allowed the proliferation of countless contractions, exemptions, and restrictions on the rights to abortion and contraception, siphoning power out of the hands of individuals wishing to exercise their reproductive rights and into the hands of states, corporations, and institutions wishing to constrain or control them.

     
    Is privacy really a “right” if you can’t afford to exercise it?
     
    The abstract right to use reproductive health services  free from governmental interference rings hollow without the necessary, enabling conditions to ensure access to such services and the ability to make decisions about them free from coercion by person, system, or circumstance.  For low-income people, and other marginalized populations, the right to privacy may merely be a right on paper if it is not a right they can actually afford to exercise.
  • June 3, 2015
    Guest Post

    by Anthony S. Winer, Professor of Law, William Mitchell College of Law

    *This post is part of ACSblog’s symposium honoring the 50th anniversary of Griswold v. Connecticut.

    Griswold v. Connecticut is justly celebrated for discerning the constitutional right to privacy, and thus constitutional protection for reproductive freedom.  It not only protected access to contraceptives, but also provided the foundation for the later cases constitutionally protecting access to abortion.  Moreover, Griswold helped instill constitutional respect for the broader concerns of “marriage, procreation, and family relationships,” and ultimately for the even broader concern of “personal dignity and autonomy.”

    However, where the privacy and personal autonomy of LGBT people are concerned, the legacy of Griswold is more nuanced.  Doctrinal developments following Griswold constrained gay rights in some respects, and in some respects fortified them.  And the way in which the Supreme Court has been treating LGBT rights recently may presage salutary changes to come.

    The most negative aspect of the Griswold legacy for LGBT people is that it did nothing to forestall the disaster of Bowers v. Hardwick.  This was the 1986 case in which the Supreme Court held that Georgia’s anti-sodomy law did not protect sexual relations between two men (nor presumably between two women).  When Bowers was decided, Griswold was already 21 years old, and Roe v. Wade had already passed its thirteenth anniversary.  Cases applying the right to privacy were not in short supply, but the Court majority could not bring itself to allow lesbians and gay men to share in the newly discerned freedoms.  There was no principled reason for Bowers to come out differently from the contraception or abortion cases.  Bowers seemed to create a “special case,” perhaps founded on homophobia, excluding lesbian and gay rights from the zone of privacy that protected others.

  • June 2, 2015
    Guest Post

    by Emily J. Martin, Vice President and General Counsel, National Women’s Law Center

    *This post is part of ACSblog’s symposium honoring the 50th anniversary of Griswold v. Connecticut.

    Fifty years ago this week, the Supreme Court held that the Constitution did not permit a state to prohibit the use of contraceptives within marriage or the provision of contraceptives to married people.  Finding a “zone of privacy created by several fundamental constitutional guarantees,” the majority concluded that the contraception bans unconstitutionally intruded on marriage, which the Court described as “a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred.”  Seven years later, in Eisenstadt v. Baird, the Court extended the constitutional right to use birth control to unmarried couples.

    By guaranteeing legal access to birth control, the Griswold decision opened the door for dramatic changes for women and for our society.  As the Supreme Court has since observed, “The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.”  In fact, research has shown that availability of reliable birth control has been a key driver of the increases in U.S. women’s education, labor force participation, average earnings, and the narrowing in the wage gap between women and men achieved over recent decades.

    Given the profound importance of the availability of contraception to women’s health and women’s opportunities, it is notable that the Griswold majority nowhere mentioned the word “woman” or “women.”  Neither did the word “gender” or “sex” make an appearance.  And while the opinion for the Court relied on the First Amendment, the Third Amendment, the Fourth Amendment, and the Fifth Amendment in finding a constitutional right to be let alone and a right of intimate association that included the right to use contraception, the majority made no reference to the equality guarantee of the Fourteenth Amendment in striking down Connecticut’s birth control ban.

  • May 15, 2015

    by Nanya Springer

    A week after its release, ACS President Caroline Fredrickson’s book, Under the Bus: How Working Women Are Being Run Over, is receiving accolades for its examination of the legal and cultural obstacles faced by women in the workplace, and it is resonating with women who cannot advance at work by simply “leaning in,” or “opting out.”

    Linda Tirado of Elle explains, “Someone once asked me what I thought about ‘lean-in feminism.’ I told her that it was meant for wealthy women, not for women like me. Work, as I've always understood it, isn't a gentle, swaying sort of thing. It's not full of opportunities for musing on work/life-balance. It's where you go, when they let you, to make whatever money they'll give you in exchange for your labor.” 

    These sentiments are echoed by Sheila Bapat at Feministing, who writes, “Fredrickson takes ownership of the problematic ‘lean in’ and ‘having it all’ frameworks and the class chasms they reveal,” adding that the book “applies both data and personal narratives to show that most women in the US are working in low-wage, unpredictable, insecure, and exploitative environments ― even though many women are the sole breadwinners for their families.”

    For more insight into the book and its analysis of how today’s labor laws exclude women workers, leaving them vulnerable to exploitation and discrimination, take a look at the resources below.

    Financial Exploitation of Women in the Workplace Is the Canary in the Coal Mine, Truthout

    Congress’ Despicable War on Working Women: How Our Warped Laws Perpetuate Discrimination, Salon

    Book review, Sheila Bapat, Feministing

    Book review, Linda Tirado, Elle Magazine

    Book review, Samantha Michaels, Mother Jones

    Book review, Kirkus

    Lean In or Opt-Out? Or How About We Change the Law?, The WorkLife Hub (podcast)

    Interview, Uprising with Sonali (video)

    Interview, Thom Hartmann Program (video)

    Economic Policy Institute panel discussion, Are Working Women Leaning In or Being Run Over? (video)

    And visit the Under The Bus Facebook page to join in the discussion.

    [Image created by Elle]