Gender and LGBTQ+ Rights in American History and Policy

Administrative Details and Course Structure

• This course is an intensive six-week program, which necessitates introducing new assignments and holding exams in close proximity.
• There are two primary homework assignments for the duration of the class. These will be located in a dedicated individual module near the top of the course website once published.
• The upcoming exam will be accessible at the very bottom of the course web page.

Reproductive Rights: A Legal History and Timeline

• Eisenstadt v. Baird ($1972$): The Supreme Court ruled that the right to privacy encompasses the right of unmarried individuals to access contraceptives. This expanded upon a previous ruling from the $1960$s involving the state of Connecticut, which established that state law could not prevent married couples from accessing contraception (birth control).
• Roe v. Wade ($1973$): This landmark case originated in Texas, where a local prosecutor brought charges against a woman seeking an abortion. In a $7-2$ decision, the Supreme Court ruled in favor of the woman, establishing national standards for abortion policy based on the pregnancy's progression into three-month trimesters:
  • First Trimester ($0-3$ months): States are prohibited from banning abortions, though they may implement minor regulations.
  • Second Trimester ($3-6$ months): States cannot ban abortions but have increased leeway to regulate access.
  • Third Trimester ($6-9$ months): States have significant authority to set their own policies, including the ability to ban abortions, provided there are exceptions for the mother's life or health.
• Legal Rationale for Roe: Justice Harry Blackmun wrote the majority opinion, declaring that a woman's right to privacy under the $14$th Amendment superseded the state's right to ban abortion.
• Dissenting Opinions in Roe: Justices Byron White and William Rehnquist dissented, arguing that the principle of privacy used by the majority went far beyond the intentions of the Constitution's framers. They also argued the decision did not stick to the specific facts of the case because the plaintiff was not in her first trimester during the litigation.
• Planned Parenthood v. Casey ($1992$): This case modified the Roe standard. It addressed state-level regulations that acted as "roadblocks" intended to make abortions harder to obtain (e.g., requiring specific medical equipment or a certain number of doctors on-site at clinics). In a $5-4$ ruling, the Court established the "undue burden" test, stating that restrictions are unconstitutional if they place a significant obstacle in the path of a woman seeking an abortion.
• Dobbs v. Jackson ($2022$): The Supreme Court overturned both Roe v. Wade and Planned Parenthood v. Casey. The ruling stated that the U.S. Constitution does not confer a right to abortion, effectively returning the authority to regulate or ban the procedure to individual states.

The Impact of Dobbs v. Jackson

• For states with lenient laws, like California, policy changed little, though California lawmakers did seek to make it easier for women from more restrictive states (such as Arizona) to travel there for services.
• In states controlled by Republicans, more restrictive laws were implemented shortly after the decision, including bans occurring earlier in pregnancy.
• Electoral Impact: Typically, the President's party loses significant seats in midterm elections (e.g., $2022$). However, in the $2022$ midterms, Democrats overperformed expectations. While Republicans took the House, their gains were smaller than predicted despite high inflation. This is attributed to the overturning of Roe v. Wade galvanizing voters who do not typically follow politics.
• Corporate and Cultural Response: Following the decision, companies such as Nike, Uber, Disney, Microsoft, JPMorgan, and Paramount announced they would cover travel expenses for employees seeking abortions in states where access was restricted. This contributed to a cultural perception among some conservatives that corporations were becoming "woke" or left-aligned.
• Institutional Trust: Trust in public institutions, including the Supreme Court, has diminished. The public increasingly perceives the Court as politicized, with justices voting along party lines as predicted by the president who nominated them. Chief Justice John Roberts often attempts to strike a middle ground to preserve the Court's perceived legitimacy.

Gender Policy and the Equal Rights Amendment

• $1974$ Legislation: Congress outlawed housing discrimination on the basis of sex and credit discrimination, which previously prevented women from acquiring credit cards independently of their husbands.
• Violence Against Women Act ($1994$): This legislation funded services for victims of rape and domestic violence, established a national $24$-hour hotline, and provided training for police and court officials to increase sensitivity to gender-related crimes.
• The Equal Rights Amendment (ERA): A proposed amendment originally written in $1923$ and revised in $1943$ (the Alice Paul Amendment). It states: "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex."
• Ratification Barriers: Amending the U.S. Constitution is exceptionally difficult, requiring a two-thirds ($\frac{2}{3}$) majority in Congress and ratification by three-fourths ($\frac{3}{4}$), or $38$, of the states. The ERA once reached $38$ states but lacked concurrent Congressional approval as some states withdrew support.
• Opposition and Phyllis Schlafly: Schlafly was a highly effective political organizer who argued that the ERA would lead to women being drafted into the military, the legalization of same-sex marriage, and the end of traditional motherhood. Her strategy involved exaggerating the opposition's stance to create an emotionally appealing "scare tactic."

Economic Inequality and the Gender Pay Gap

• Historical Comparison: In $1982$, the median hourly wage for women was $65\%$ of that for men. By $2022$, this figure rose to $82\%$.
• Variable Controls: When controlling for education, age, experience, and marital status, the gap shrinks to approximately $4\%$ to $6\%$.
• The "Mommy Tax": The pay gap is smallest for young women (aged $25-34$), who earned $74\%$ in $1982$ and $92\%$ in $2022$. However, the gap widens significantly as women enter the $35-44$ age bracket. This is attributed to the disproportionate burden of childcare and domestic work that still falls on women during child-rearing years.
• Parental Leave: The United States is an outlier among $41$ advanced democracies, being one of only seven countries (including small Pacific islands) without federally mandated paid parental leave. The average leave in other countries is $29$ weeks.
• Locus of Control: Americans tend to have a strong "internal locus of control," believing successes are driven by individual effort rather than external forces, which contributes to a less generous social safety net compared to other democracies.

Perceptions of Gender in American Society

• Pew Research Data ($2019$): Surveys show underlying gendered expectations in language use:
  • Honest: Overwhelmingly positive for both men and women.
  • Beautiful: Used $100\%$ positively for women; virtually never used for men.
  • Provider: Overwhelmingly positive for men; rarely used to describe women.
  • Compassionate: $100\%$ positive for women; often viewed negatively for men.
  • Powerful: Overwhelmingly positive for men; overwhelmingly negative for women.
  • Strong: Approximately $85\%$ positive for men; roughly a $50/50$ split between positive and negative when describing women.

The LGBTQ+ Rights Movement

• Early Activism: In $1965$, Frank Kameny and Jack Nichols conducted the first major public gay protest at the White House after Kameny was fired for being gay.
• Stonewall Uprising ($1969$): A pivotal event in Greenwich Village, New York. Police raided the Stonewall Inn to enforce dress code laws (requiring people to wear at least three articles of clothing matching their birth gender). The ensuing riots galvanized the movement.
• Save Our Children Campaign ($1977$): Singer Anita Bryant led a backlash in Florida to repeal an anti-discrimination ordinance, framing gay rights as a threat to children and an attempt to "recruit" them.
• The AIDS Crisis: Beginning in $1981$, the epidemic primarily affected gay men. Groups like Act Up and Gay Men's Health Crisis formed to provide care and push for treatment. Over $650,000$ Americans have died of AIDS; mid-$90$s medications eventually turned HIV into a manageable condition.
• Don't Ask, Don't Tell ($1994-2010$): A policy under Bill Clinton that barred military officials from inquiring about sexuality but also prevented gay service members from serving openly. It was repealed by Congress in $2010$.
• Lawrence v. Texas ($2003$): The Supreme Court struck down laws criminalizing consensual sex between gay people.

Obergefell v. Hodges and Contemporary Politics

• Case Background: Diversity in rulings among federal district and circuit courts triggered the Supreme Court to take the case. James Obergefell sought to be listed on his spouse's death certificate in Ohio, which the state refused even though the couple had been legally married in another state.
• The Ruling ($2015$): In a $5-4$ decision, the Court legalized same-sex marriage nationwide based on the principles of liberty and equal dignity under the law.
• Dissent: Chief Justice John Roberts and Justice Antonin Scalia argued that the decision should have been left to the people and state legislatures rather than judges. Scalia called the reasoning a "threat to American democracy."
• Modern Political Framing: In the $2024$ election, the Trump campaign used the slogan "Kamala is for they/them, President Trump is for you," targeting perceived left-leaning shifts in gender policy and trans rights for prisoners.

Questions & Discussion

• Question (Isaac): Isn't it hypocritical to overturn Roe v. Wade based on the Constitution but then say we won't use that logic to overturn other rights like marriage?
• Response: The Court majority argues that abortion is distinct because it involves a potential human life (a fetus), whereas marriage rights do not. Only Justice Clarence Thomas suggested that the rationale used to overturn Roe (privacy) should also be applied to revisit same-sex marriage and contraception access.
• Question (Lucy): How can states like Texas implement travel bans to prevent people from accessing abortions in other states if the Constitution guarantees the right to travel?
• Response: There are ongoing lawsuits regarding these efforts. While the Dobbs decision overturned Roe, it did not grant states unlimited power to infringe on other constitutional rights like interstate travel. Many of these issues are still under judicial review.
• Question (Eddie): Did the LGBTQ+ community gain any specific legal protections immediately after the Stonewall Uprising?
• Response: No. Stonewall was primarily a public awareness and organizational victory; legislative and legal protections did not materialize until much later.
• Question (Shanti): Why is the ERA necessary if the Civil Rights Act already protects against discrimination on the basis of sex?
• Response: Civil rights laws are limited to specific areas like employment and housing and can be amended or weakened by future Congresses or Supreme Court decisions. A constitutional amendment would provide broader, permanent legal protection that is much harder to overturn.

Homework Assignment 1: Social Problem Slideshow

• Objective: Choose one pressing social problem in the U.S. today (e.g., artificial intelligence, economic inequality, environmental protection, or support for democracy).
• Format: A Google Slides, PowerPoint, or Keynote presentation saved as a PDF.
• Requirements:
  • Length: $300-500$ words.
  • Source Citations: At least two sources cited in APA style within the slides, with a reference list at the end.
  • Visual Elements: At least two images; use bullet points and clear navigation.
  • Content: A title slide, intro slide, and at least three slides explaining why the problem is important/pressing.
• Due Date: Wednesday, August $19$. Presentations are not required in class but should be constructed as if they were to be defended before an audience.