Midterm SG - Women and the Law PDF

WK 1- Introduction to Legal Reasoning and Gender Law Article 3 is the Judicial Branch ○ Judiciary branch interprets and applies laws, decide if laws violate the constitution. ○ Article 3 of the United States Constitution establishes the judicial branch of...

WK 1- Introduction to Legal Reasoning and Gender Law Article 3 is the Judicial Branch ○ Judiciary branch interprets and applies laws, decide if laws violate the constitution. ○ Article 3 of the United States Constitution establishes the judicial branch of the federal government. ○ Lowest federal court is a trial court, then circuit court, supreme court. ○ In NJ the lowest trial courts are superior courts. WK 2- Theories of Sexuality, Gender and the Law 4 theories justices rely on more or so 1. Natural law (first and oldest) a. Humans have inherent moral values that are derived from human nature b. Explains that our basic human nature is to live a good life, and should therefore follow moral standards and laws that can guarantee that c. Based on Roman Catholic Church’s principles d. Put laws in place to make people avoid making morally incorrect decisions 2. Economic theory a. Uses economic theory to analyze law and shape policy. Based on the idea that economic reasoning can lead to more consistent and justified legal practices. 3. Critical race theory a. academic and legal framework that denotes that systemic racism is part of American society — from education and housing to employment and healthcare. b. Critical Race Theory recognizes that racism is more than the result of individual bias and prejudice. It is essentially an academic response to the erroneous notion that American society and institutions are “colorblind.” c. recognizes that racism is embedded in laws, policies and institutions that uphold and reproduce racial inequalities 4. Feminist theory a. Critical theory that aims to end sexism and oppression by challenging tradtional systems of power. b. Feminist theory is mainly in the perspective of women and goes against the female/male binary. It enforces the idea that any gender can embrace femininity and masculinity.  Additionally, feminist theory addresses the imbalance in power dynamics. Week 3- Regulation of Sexuality and Gender: Pt. 1 Griswold v. Connecticut is important because USSC ruled that the Constitution protects the liberty of married couples to use contraceptives without government restriction. Griswold and Eisensnstadt challenged the courts, about the rights to privacy, rights to sexual privacy. A state’s ban on the use of contraceptives violates the right to marital privacy. ○ In law, a penumbra is a region of implied rights that are not explicitly stated in the U.S. Constitution. Connecticut held that a right to privacy existed in the penumbra of the Constitution. Ppl have a right to private consentual noncommericial for plessure sex. The 4th Amendment protects the rights of citizens and prohibits states from infringing those rights. Week 4- Regulation of Sexuality and Gender, Pt. II Roe v. Wade; Supreme Court recognized that the right to liberty in the Consitution, protects personal privacy, which includes the right to decided whether to continue pregnancy or not. ○ Decision belongs to the individual, not the government. ○ Established a federal framework for abortion regulations and protected a woman's right to have an abortion ○ RIGHT TO PRIVACY Planned parenthood v. Cassey; women continues to have right to an abortion before the fetus is viable. Right that the state can aburden (abortion) the state can put a burden to abortions but not excessive. No fundamental right to abortion, states can restrict and criminalize abortion. Week 5; Equality Challenges to Sex Discrimination : Discrimination Based on Sex and Race 14th amendment extended the Bill of Rights to the states and granted citizenship to all people born or naturalized in the United States. Frontiero v. Richardson was an equal protection case ○ This case decided that benefits given by the U.S. military to family of service members can not be given out differently because of sex.  ○ A woman in the military wanted her husband to have benefits but they said no, she had to prove that he was dependant on her for more than fifty percent. Craig v. Boren was a case that overturned an Oaklahoma law that allowed women to drink at 18 but men were allowed to drink at 21. Court ruled that this law violated the Equal Protection Clause of the 14th Amendment. Sex stereotypes are under the 14th amendment an equal protection problem. And the 14th amendment becomes the vehicle for the equal protection. Intermediate scrutiny is used in equal protection challenges to gender classifications. Week 6; Sexuality, Gender and the Law of the Workplace: The Scope of "Because of Sex" Price Waterhouse was a landmark decision of the US Supreme Court on the issues of prescriptive sex discrimination and employer liability for sex discrimination. ○ Price Waterhouse did not get a raise because she did not act a certain way Rogers v. American Airlines, she was a black woman who was seeking to press charges on the fact that she claimed that American Airlines policy discriminated her on the basis of sex and race in violation of Title VII of the civil rights. She did not win the case. Oncale v. Sundowner established that Title VII of the Civil Rights Act of 1964 protects against same sex sexual harrassment in the workplace. ○ Sexual harassment is a form of sex discrimiantion, we call that a hostile work environement Week 7; Privatization and Plurality in Family Law Statutes are laws written and enacted by a legislative body. They are also called acts, for example the Civil Rights Act of 1964 Legal instruments are written documents that record a legally enforceable act, process, or agreement. Such as contracts, wills. Marvin v. Marvin established that familial relationships you can create through your own, and whether or not the state is going to recognize those relationships. Braschi v. Stahl Associates Co. Court case New York Court of Appeals case that decided that the surviving partner of a same-sex relationship counted as "family" under New York law and was thus able to continue living in a rent controlled apartment belonging to the deceased partner