Gender, Law & Politics 46.320

Susan E. Gallagher, Associate Professor, Political Science

This course explores legal constructions of gender by examining court cases, federal and state legislation, historical documents, news stories, and scholarly essays on sexual inequality, sexual identity, and changing views of marriage and family relations in the United States. Topics include the evolution of the family as a legal (and illegal) reality; political regulation of reproduction and sexual activity; feminist critiques of economic inequality; the changing role of gender in electoral politics; and ongoing debates about the relationships between public and private life. During the first half of the course, we will focus on landmark legislation and legal cases related to gender and politics. During the second half, students will give presentations and write papers on gender-related issues and themes.
1. The Legal Construction of Gender in the United States

Required Readings

Marilynn Salmon, "The Legal Status of Women, 1776-1830," History Now, March 2006.

Susan E. Gallagher, "Gender," Encyclopedia of Privacy, edited by William G. Staples with advisory editors David J. Brown, Susan E. Gallagher, and Jill Joline Myers (Westport, CT: Greenwood Press, 2007).

Bradwell v. Illinois (1872), upheld exclusion of women from legal practice.

Louis Brandeis and Samuel Warren, "The Right to Privacy," Harvard Law Review (1890). Read introductory essay and main text.

Muller v. Oregon (1908), permitted sex discrimination in employment.

 

Background: Ian Milhiser, "The Troubled History Of The Constitution’s Most Important Amendment," Think Progress, July 9, 2015.

2. 1st Wave Feminism: Gaining Admission to the Public Sphere

Required Readings

Deborah M.S. Brown, "The Long Struggle for Women's Suffrage," U.S. Dept. of State, Learn North Carolina.

The Declaration of Sentiments of the Seneca Falls Convention (1848), Fordham University.

Susan E. Gallagher, Women's Suffrage and the Making of the White American Home

Monee Fields White, "Women's Suffrage and Racism: Ida B. Wells vs. Frances Willard," The Root, March 25, 2011.

3. 2nd Wave Feminism: A Struggle for Personal Liberation

Required Readings

Excerpt from Betty Friedan, The Feminine Mystique (1963).

Equal Pay Act of 1963, Equal Opportunity Commission.

National Organization for Women (NOW), Statement of Purpose (1966).

Stonewall Rebellion: Jerry Lisker, "Homo Nest Raided, Queen Bees Are Stinging Mad," New York Daily News, July 6, 1969.

Gloria Steinem, "Women's Liberation Aims to Free Men Too," Washington Post, June 7, 1970.

Barbara Winslow, "The Impact of Title IX," History Now 23 (Spring 2010), Gilder Lehrman Institute.

Meritor Savings v. Vinson (1986), defined liability in cases of sexual harassment, summary by Alison Shay, Publishing the Long Civil Rights Movement. 

4. The Public/Private Dichotomy in the 20th Century

Required Readings

Griswold v. Connecticut (1965), summary and contextual notes, PBS.

A History of Key Abortion Rulings of the U.S. Supreme Court, Pew Research Center.

Bowers v. Hardwick (1986), held that the right to privacy does not extend to same-sex sexual relationships.

Defense of Marriage Act (DOMA) (1996), banned federal recognition of same-sex marriages.

Romer v. Evans (1996), prohibited states from enacting laws designed to discriminate against gay and lesbian people, "The Gay Rights Ruling," summary and excerpts, New York Times, May 21, 1996.

5. Gender, Race & Justice

Required Readings

Ida B. Wells, "Lynch Law," 1893.

Loving v. Virginia (1967), overturned state laws against interracial marriage.

Michelle Alexander, “The New Jim Crow: How Mass Incarceration Turns People of Color into Permanent Second-Class Citizens,” American Prospect, December 6, 2010.

Michelle Alexander, "Telling My Son about Ferguson," Op-Ed, New York Times, November 26, 2014.

"Lynching as Racial Terrorism," Editorial, New York Times, February 11, 2015.

 

6. Gender and the Expansion of Civil Rights in the 21st Century

Required Readings

Lawrence v. Texas (2003), overturned Bowers v. Hardwick (1986) by including same-gender sexual activity within a general right to privacy.

Goodridge v. Department of Public Health (2003), held that prohibiting same-gender marriage violates constitutional protection of equal treatment under law: "The Goodridge Decision and the Right to Marry," Massachusetts Law Review.

California Proposition 8, the "Eliminates Right of Same-Sex Couples to Marry" Initiative (2008), ballotpedia.org.

"Why 6 federal judges struck down state gay marriage bans, in their own words," Washington Post, February 27, 2014.

Obergefell v. Hodges (2015), overturned state laws against same-gender marriage: Adam Liptak, "Supreme Court Ruling Makes Same-Sex Marriage a Right," New York Times, June 26, 2015.

7. Gender & Economic Inequality in the U.S.: Current Trends

Required Readings

Catherine Hill, "The Simple Truth about the Gender Pay Gap," American Association of University Women, (Fall 2015).

Alison Perlberg, "Shortchanged: Women and the Wealth Gap," Clayman Institute for Gender Research, April 4, 2011.

Matt Brunig, "The Racial Wealth Gap," American Prospect, November 6, 2013.