She the People: The Nineteenth Amendment, Sex Equality, Federalism, and the Family

Siegel, Reva B.

doi:10.2139/ssrn.296784

Cited by 9 publications

(16 citation statements)

References 5 publications

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“…Furthermore, the addition of sex into a law designed with race and color in mind was problematic for the advancement of women's rights, as it has been for other groups with rights advanced on the basis of the race discrimination model. Numerous examples are found in court interpretations of the Equal Protection Clause of the Fourteenth Amendment that provide protection for women and other groups, only with lower levels of scrutiny (Lawrence ; O'Brien ; Siegel ). As with EEOC interpretations, courts judge sex‐based claims like race discrimination, but “not exactly like race discrimination” (Siegel : 954, emphasis in original).…”

Section: The Eeoc Opens Its Doors (And Mailroom)mentioning

confidence: 99%

Making Rights Work: Legal Mobilization at the Agency Level

Woodward¹

2015

Law Soc Rev

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This article discusses how McCann's theory on legal mobilization and social change is generalizable to the legal decisions of agencies. I demonstrate how the Equal Employment Opportunity Commission (EEOC) routinely delayed and denied Title VII employment rights on the basis of sex and how this resulted in the formation of the National Organization for Women (NOW) to ensure that the sex provision of Title VII was enforced. The article also discusses the influence of NOW in shaping the first years of Title VII law and the organization's role in reversing EEOC decisions denying rights under the sex provision of the law.

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Section: The Eeoc Opens Its Doors (And Mailroom)mentioning

confidence: 99%

Making Rights Work: Legal Mobilization at the Agency Level

Woodward¹

2015

Law Soc Rev

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“…Further, as Nancy Cott (2000) explained, coverture had significant implications for women's citizenship and ''participation in the public order'' (p. 1). 2 Legal historian Reva Siegel (2002) argued, ''It is important to observe what counts as common sense in this story: American constitutional culture followed the common law of coverture in reasoning about the family as an institution of governance in which men have authority over women and the authority to represent women in public and private dealings with other men'' (p. 997). In the nineteenth century this common sense was often articulated as the metaphor ''family government''; a concept grounded in the idea of ''virtual representation'' (Siegel, 2002, p. 981).…”

Section: Family-as-governmentmentioning

confidence: 99%

Law as Father: Metaphors of Family in Nineteenth-Century Law

Harris

2010

Communication Studies

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Although metaphor is commonly recognized as an important force in public discourse, this article argues that a subtle shift in metaphor is part of what can create the inventional possibilities for legal change. This article focuses on subtle shifts in judicial appeals to coverture, which were an important part of the struggle for nineteenth-century women's rights. Coverture was the concept in which women were legally and politically ''covered'' by the male head of household. This article argues that changes in coverture were enabled through a subtle shift in legal language, where the metaphor of family-as-government came to be replaced by the metaphor of government-as-family. This movement is traced through the case studies of spousal abuse law, child custody law, and juvenile court.There is not one set path for disempowered groups to attain full citizenship in the United States. Struggles over civil and political rights have included violence and nonviolence, deliberative debates and epidictic performance, and legislative and legal advocacy. During the nineteenth century, abolitionists, civil rights activists, and women's rights activists utilized each of these avenues in an attempt to become full citizens, conceiving of a broad understanding of citizenship that extended beyond voting rights to the lived reality of the human experience.Although the nineteenth-century fight for women's rights is often remembered as a fight for suffrage, in the nineteenth century, women's legal rights in the family were often conceptualized as a primary site of struggle.

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“…During the past 10 years, gender has been defined and redefined by philosophers, sociologists, queer theorists, feminists, and others-all weighing in with their own meanings (e.g., Butler, 1990;Rudy, 2000;Yoshino, 2002). Elaborate dress and behavioral codes have been constructed to reflect these shifting understandings, and sometimes, societies impose harsh political and legal sanctions on those who run afoul of such expectations (Blount, 1996(Blount, , 1998Case, 1995;Chauncey, 1994;Eskridge, 2000;Fajer, 1992;Franke, 1995;Nagel, 2000;Siegel, 2002;Somerville, 2000;Valdes, 1995;Yoshino, 2002). These understandings of gender have changed over time and vary from individual to individual (Blount, 1998;Chauncey, 1994;Kumashiro, 2001a;Nagel, 2000;Somerville, 2000;Stein, 2001).…”

Section: Politics Gender Sexual Orientation and Us Lawmentioning

confidence: 99%

“…Legal researchers note that the United States and the individual states bar sex discrimination, not gender discrimination (Case, 1995;Franke, 1995;Siegel, 2002;Valdes, 1995). Legal researchers note that the United States and the individual states bar sex discrimination, not gender discrimination (Case, 1995;Franke, 1995;Siegel, 2002;Valdes, 1995).…”

Section: Politics Gender Sexual Orientation and Us Lawmentioning

confidence: 99%

“…(Case, 1995, p. 7) Currently, 14 states bar consensual sodomy, whereas only 13 states, under their individual state constitutions, provide equal protection measures under the rubric of either sexual orientation or sexual preference (Lugg, in press). Furthermore, existing civil rights protectionsincluding those covering sex-have been under sustained attack by an activist federal judiciary for well more than 20 years (Resnik, 2000;Siegel, 2002). Furthermore, existing civil rights protectionsincluding those covering sex-have been under sustained attack by an activist federal judiciary for well more than 20 years (Resnik, 2000;Siegel, 2002).…”

Section: Gender Sexual Orientation and A New (Queer?) Politics Of Ementioning

confidence: 99%

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Sissies, Faggots, Lezzies, and Dykes: Gender, Sexual Orientation, and a New Politics of Education?

Lugg¹

2003

Educational Administration Quarterly

137

155

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This article seeks to chart a course through the contested areas of gender and sexual orientation in hopes of establishing a theoretical framework and an agenda for much needed future research. In building this article, the author draws from two research traditions, particularly in the areas of history and law. Her stance is that of a critical policy scholar, that is, drawing on neo-Marxist theory generally and Queer Legal Theory specifically. Public schools are governmental entities ruled by laws, regulations, and policies. The people who teach, lead, study, play, and otherwise live within a public school's walls must conform to these dictates or face various legal sanctions including expulsion and job termination. These legal mandates are established through political processes that include court decisions at the state and federal levels. Therefore, legal theories can help analyze and explicate the basic structures that shape daily educational practices. In the areas of gender, sexual orientation, and a possible new politics of education, Queer Legal Theory can be particularly insightful.

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She the People: The Nineteenth Amendment, Sex Equality, Federalism, and the Family

Cited by 9 publications

References 5 publications

Making Rights Work: Legal Mobilization at the Agency Level

Making Rights Work: Legal Mobilization at the Agency Level

Law as Father: Metaphors of Family in Nineteenth-Century Law

Sissies, Faggots, Lezzies, and Dykes: Gender, Sexual Orientation, and a New Politics of Education?

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