Are There Limits to Gender Equity? by Wittgenstein

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									Today’s Lecture:

Modern Cases and Controversies

Number:

17

Lecture Organization: • Class Announcements

• Review
• The New Supreme Court Cases

• Policy Analysis
• Contemporary Controversies

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Copyright, Sean Wilson. 2007.

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Class Announcements

grades -- notes have been graded & emailed to you (find yours if you want them back) (generally pretty good) -- next up: essays & study guide -- absolute deadline: • study guide (today) • essays (Friday)

Class Announcements

Website -- will be current over the weekend (hopefully Friday)

Class Announcements

paper deadlines -- research paper: • by Friday, for approval of topic • second meeting by next week (bring research) • third meeting: first draft • final meeting: oral exam (explain why you do this)

Class Announcements

paper deadlines -- critique paper: • next week: email the topic • March 9th – bring a draft in for discussion

Questions?
Time

The New Supreme Court Cases
1. Griswold v. Connecticut -- recognized a right to privacy in the constitution -- created a right to birth control

2. Roe v. Wade
-- right to abortion in the first trimester (status of the fetus covered later in the semester)

-- let’s take a look at the gender aspect of it
-- Sherri Finkbine -- issue: feminists believed that women should not have to ask their doctors for permission to have an abortion. It was Copyright, Sean Wilson. 2007. 7 3/3/2009 their body, something they should have domain over

Sherri Finkbine --

In 1962, when Finkbine was pregnant with her fifth child, she had been taking Thalidomide, a sleeping pill thought to increase birth defects. Finkbine's physician strongly recommended that she obtain a therapeutic abortion, the only type of abortion that was permitted in Arizona at the time. Finkbine contacted a friend at a local newspaper to tell the friend her story, so that other women who were taking Thalidomide would be warned. Following the paper's publication of Finkbine's story, her scheduled abortion was canceled. When Finkbine's physician asked for a court order to proceed with the abortion, Finkbine and her husband became public figures, receiving letters and phone calls in opposition to her requested abortion. A few letters included death threats, and the FBI was brought in to protect her. The obstetrician who eventually performed the abortion told Finkbine that the fetus had no legs and only one arm, and would not have survived.
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The New Supreme Court Cases
-- in Roe, the Court creates a limited right to abortion 3. In a set of other cases, the Supreme Court also does ACLU Litigation -something rather important: The American gender discrimination set up a women’s law It rules that Civil Liberties Union is unconstitutional! project in the 1960s, which was headed by lawyer named -- Bader Ginsberg. Ginsberg took RuthACLU and Ruth Bader Ginsberg the case of Reed v. Reed to the Supreme Court. She would later be appointed -- Reed v. Reed (1971) to the Court by Bill Clinton. • women couldn’t be administers of estates • Court strikes down the law under the 14th Amendment

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Copyright, Sean Wilson. 2007.

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The New Supreme Court Cases
-- Frontiero v. Richardson (1973)
Discrimination in military benefits --

-- issue: what “standard of review” to apply

Facts -- Frontiero was an air forcewant to be of gender on a base in Sharon (how tolerant do we lieutenant who served Alabama. Joseph, her husband, was a Vietnam vet and a full time college differences?) An Oklahoma law prohibited the salefor housing and medical benefits,beer student. Lieutenant Frontiero applied of "nonintoxicating" 3.2 percent and to males under the as a of 21 and thefemales under the age of 18. Curtis (Court strikes down to law, but disagrees about the listed her husband age dependent. They denied her application because Craig, a malestandard) than half of of 18 and 21, and a licensed gender then between his benefits covered more the ages the monthly expenses. If the vendor challenged the law as discriminatory. Question: was reversed in the case, the Frontieros would have automatically received benefits. -- Craig v. Boren (1976)

• quasi-suspect classification

• “intermediate scrutiny”
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Who is the victim of stereotype here?

Copyright, Sean Wilson. 2007.

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The New Supreme Court Cases
4. “intermediate review”

-- race distinctions get “strict review” (tough standard)
-- gender gets a “middle standard” -- government is allowed to make some gender distinctions

Question: Is this good or bad?

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Copyright, Sean Wilson. 2007.

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The New Supreme Court Cases
4. Nguyen v. Immigration & Naturalization Service
Federal Statute --

The federal statute -- a guy travels abroad and impregnates a foreign girl

Mission overseas, -“a child bornStatement out of wedlock, and of mixed American and -- the child is not an American citizen foreign parents becomes an American citizen at birth if the mother To make citizen soldiers. Emphasizes physical mental is an American citizen.” abroad and is impregnated rigor, foreign -- a female travels by a stress … absence of privacy, [detailed] regulation of behavior, guy and indoctrination in desirable values. Cadets live in Spartan barracks, wear uniforms, are subjected to surveillance, and drill -- the child is an American citizen Question: extensively. [harassment. boot camp].

-- Holding: the statute is acceptable -- VMI was an all male academy

5. VMI case
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How should this case come out?
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Copyright, Sean Wilson. 2007.

-- statement of purpose …

The New Supreme Court Cases
-- Held: since women do not have one of these in Virginia, qualified females have to be admitted

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Copyright, Sean Wilson. 2007.

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Policy Analysis

Steep Increase

Steep Reactionary Increase Decline

illustration

Reactionary Decline Step-level 3

Step-level 2 Step-level 1

“Roughly” Incremental Change Steps Progression in Tumultuous
Time
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Contemporary Controversies Question: HowColoradowomen’s soccer who is ranked very low (e.g., 300s) play Amy be allowed 1. can (b) place pro golfer or Men’s tennis -- can a male kickers into illustration illustration League female tour? isn’t in TitleY, but Greg the IX -hypothetical allowed sportsLeague X? Ben 3. Theeffect, it provides a kind of “affirmative action” for women’s women into In female best enough to kick field goals -- very is good League A League Y sports: Questions: 2. Golfers Level 1
-- West Virginia example. Eliminated men’s rifle pay (and Should winning the tennis tournament at Wimbledonteam the -- a femaletennis?) enough to play on the men’s (and Gender-Neutralof moneyto keep women’s softballtour men’s is good just for women same amount Sports Regime compared to men? Question: League X she: else). something -- Should In college, should the women’s basketball team receive the League X Should she be allowed Is women’sallowedabout men’s? same recognition as the something other than skill level? (a). be sports to? “Equity level X”

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• is itAmy electsame fraternity? [women about Greg should ithave to competitivefunding?she plays indon’t really have (b) receive the which league • That skill level, X, that is optimal for this in their lives enough?] Level to Level 2 Let’s say the university her own league (c) have 2 stay in has to multi-gender participation.budget cut. Which should be cut • and why: most,men have it wherever there is an empty lot (Note that this is not like VMI or Colorado) Copyright, equal skill 15 You(a) women’s a totally Sean Wilson. 2007. level to accommodate this, could create soccer or men’s baseball? however. (think about it)

on the team?

Family Law
1. property distribution

Nowcognizant this: in imagery that may Does the this: of the Consider imagery your mind Be consider -- Question: what change, and does aboutaffect you?agreements? be in your mind asthat consider this: you prenuptial Lonnie Anderson and Burt Reynolds. new wife Billionaire Paul McCartney and his she is over 35, • If a should leaves from her? guy he How muchrichyears ofgethis wife when splitshould4 be limited in what she can receive because after she marriage. (He went bankrupt; she had much of the agreement? more money) 2. Custody Question:
-- should either gender have an advantage?

-- “Equitable distribution”

illustration

How much money should -- Examining the law: she receive, and how • the early rule: women are the nurturers come?
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Family Law
-- the way these laws are enforced, women have all kinds of advantages (very difficult for men to break into those advantages that came from “the woman’s sphere.”) -- What is fatherhood? What is being a good father? “cultural

prejudice” Question: Many times, the system says “check sending”
Often times, women move, Who become ones it? men are the “postcard Why do they do that discriminate against men fathers”

Question:

in this respect?

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Family Law
-- Solution? some state are moving toward “shared parenting” • concept: no one has “custody” of children. (offensive concept). • both parent with equal status (parenting plan)

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