1718
Province of Pennsylvania (now U.S. state of Pennsylvania): Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1821
Maine: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1835
Arkansas: Married women allowed to own (but not control) property in their own name.
Massachusetts: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
Tennessee: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1839
Mississippi: The Married Women's Property Act 1839 grants married women the right to own (but not control) property in her own name.
1840
Maine: Married women allowed to own (but not control) property in their own name.
1841
Maryland: Married women allowed to own (but not control) property in their own name.
1842
New Hampshire: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1843
Kentucky: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1844
Maine: Married women granted separate economy.
Maine: Married women granted trade license.
Massachusetts: Married Women granted separate economy.
1845
New York: Married women granted patent rights.
Florida: Married women allowed to own (but not control) property in their own name.
1846
Alabama: Married women allowed to own (but not control) property in their own name.
Kentucky: Married women allowed to own (but not control) property in their own name.
Ohio: Married women allowed to own (but not control) property in their own name.
Michigan: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1848
New York: Married Women's Property Act grant married women separate economy.
Pennsylvania: Married women granted separate economy.
Rhode Island: Married women granted separate economy.
1849
Alabama: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
Connecticut: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
Missouri: Married women allowed to own (but not control) property in their own name.
South Carolina: Married women allowed to own (but not control) property in their own name.
1850
California: Married Women's Property Act grant married women separate economy.
Wisconsin: Married Women's Property Act grant married women separate economy.
Oregon: Unmarried women are allowed to own land.
1852
New Jersey: Married Women granted separate economy.
Indiana: Married women allowed to own (but not control) property in their own name.
Wisconsin: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1854
Massachusetts: Married women granted separate economy.
1855
Michigan: Married women granted separate economy.
1856
Connecticut: Married women granted patent rights.
1857
Maine: Married women granted the right to control their own earnings.
Oregon: Married women allowed to own (but not control) property in their own name.
Oregon: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1859
Kansas: Married Women's Property Act granted married women separate economy.
1860
New York: Married women granted the right to control their own earnings.
Maryland: Married women granted separate economy.
Maryland: Married women granted the right to control their earnings.
Maryland: Married women granted trade license.
Massachusetts: Married women granted trade licenses.
1861
Illinois: Married women granted separate economy.
Ohio: Married women granted separate economy.
Illinois: Married women granted control over their earnings.
Ohio: Married women granted control over their earnings.
1865
Louisiana: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1867
Alabama: Married women granted separate economy.
New Hampshire: Married women granted separate economy.
1868
North Carolina: Married women granted separate economy.
Arkansas: Married women granted trade license.
Kansas: Married women granted separate economy.
Kansas: Married women granted trade license.
Kansas: Married women granted control over their earnings.
South Carolina: Married women allowed to own (but not control) property in their own name.
Georgia: Married women allowed to own (but not control) property in their own name.
1869
Minnesota: Married women granted separate economy.
Georgia: Married women granted separate economy.
South Carolina: Married women granted separate economy.
South Carolina: Married women granted trade license.
Tennessee: Married women granted separate economy.
Iowa: Married women granted control over their earnings.
1871
Mississippi: Married women granted separate economy.
Mississippi: Married women granted trade license.
Mississippi: Married women granted control over their earnings.
Arizona: Married women granted separate economy.
Arizona: Married women granted trade license.
1872
Pennsylvania: Married women granted control over their earnings.
California: Married women granted separate economy.
Montana: Married women granted separate economy.
California: Married women granted trade license.
California: Married women granted control over their earnings.
Wisconsin: Married women granted control over their earnings.
1873
Arkansas: Married women granted separate economy.
Kentucky: Married women granted separate economy.
North Carolina: Married women granted control over their earnings.
Kentucky: Married women granted trade license.
Arkansas: Married women granted control over their earnings.
Delaware: Married women granted control over their earnings.
Iowa: Married women granted separate economy.
Nevada: Married women granted separate economy.
Iowa: Married women granted trade license.
Nevada: Married women granted trade license.
Nevada: Married women granted control over their earnings.
The Comstock Law was a federal act passed by the United States Congress on March 3, 1873, as the Act for the "Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use". The Act criminalized usage of the U.S. Postal Service to send any of the following items:
erotica,
contraceptives,
abortifacients,
sex toys,
Personal letters alluding to any sexual content or information
or any information regarding the above items.
In places like Washington D.C., where the federal government had direct jurisdiction, the act also made it a misdemeanor, punishable by fine and imprisonment, to sell, give away, or have in possession any "obscene" publication. Half of the states passed similar anti-obscenity statutes that also banned possession and sale of obscene materials, including contraceptives.
The law was named after its chief proponent, Anthony Comstock. Due to his own personal enforcement of the law during its early days, Comstock received a commission from the postmaster general to serve as a special agent for the U.S. Postal Services.
1874
Massachusetts: Married women granted control over their earnings.
New Jersey: Married women granted control over their earnings.
Rhode Island: Married women granted control over their earnings.
New Jersey: Married women granted trade licenses.
Colorado: Married women granted separate economy.
Illinois: Married women granted trade license.
Minnesota: Married women granted trade license.
Montana: Married women granted control over their earnings.
Montana: Married women granted trade license.
Colorado: Married women granted trade license.
Colorado: Married women granted control over their earnings.
1875
New Hampshire: Married women granted trade licenses.
Wyoming: Married women granted separate economy.
Wyoming: Married women granted control over their earnings.
Wyoming: Married women granted trade license.
1877
Connecticut: Married women granted control over their earnings.
Connecticut: Married women granted trade licenses.
Dakota: Married women granted separate economy.
Dakota: Married women granted control over their earnings.
Dakota: Married women granted trade license.
1878
Virginia: Married women granted separate economy.
1879
Indiana: Married women granted separate economy.
Indiana: Married women granted control over their earnings.
1880
Oregon: Married women granted trade license.
Oregon: Married women granted control over their earnings.
1881
Vermont: Married women granted separate economy.
Vermont: Married women granted trade license.
Nebraska: Married women granted separate economy.
Nebraska: Married women granted trade license.
Nebraska: Married women granted control over their earnings.
Florida: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
1887
Idaho: Married women granted separate economy.
Idaho: Married women granted trade license.
1889
State of Washington: Married women granted separate economy.
State of Washington: Married women granted control over their earnings.
State of Washington: Married women granted trade license.
1894
Louisiana: Married women granted trade license.
1895
South Carolina: Separate economy allowed for married women.
Utah: Married women granted separate economy.
State of Washington: Married women granted control over their earnings.
State of Washington: Married women granted trade license.
1896
The profession of lawyer opened to both sexes – already in 1869, however, the first American state allowed women to practice law.
1907
Section 3 of the Expatriation Act of 1907 provided for loss of citizenship by American women who married aliens. Section 4 provided for retention of American citizenship by formerly alien women who had acquired citizenship by marriage to an American after the termination of their marriages. Women residing in the US would retain their American citizenship automatically if they did not explicitly renounce; women residing abroad would have the option to retain American citizenship by registration with a US.consul. The aim of these provisions was to prevent cases of multiple nationality among women.
1908
Muller v. Oregon, 208 U.S. 412 (1908), was a landmark decision in United States Supreme Court history, as it was used to justify both sex discrimination and usage of labor laws during the time period. The case upheld Oregon state restrictions on the working hours of women as justified by the special state interest in protecting women's health. The ruling had important implications for protective labor legislation.
1922
The Cable Act of 1922 (ch. 411, 42 Stat. 1021, "Married Women’s Independent Nationality Act") was a United States federal law that reversed former immigration laws regarding marriage.(It is also known as the Married Women's Citizenship Act or the Women's Citizenship Act). Previously, a woman lost her United States citizenship if she married a foreign man, since she assumed the citizenship of her husband, a law that did not apply to United States citizen men who married foreign women. The law repealed sections 3 and 4 of the Expatriation Act of 1907. However, the Cable Act of 1922 guaranteed independent female citizenship only to women who were married to an "alien eligible to naturalization." At the time of the law's passage, Asian aliens were not considered to be racially eligible for US citizenship. As such, the Cable Act only partially reversed previous policies and allowed women to retain their United States citizenship after marrying a foreigner who was not Asian. Thus, even after the Cable Act become effective, any woman who married an Asian alien lost her United States citizenship, just as under the previous law. The Cable Act also had other limitations: a woman could keep her United States citizenship after marrying a non-Asian alien if she stayed within the United States. However, if she married a foreigner and lived on foreign soil for two years, she could still lose her right to United States nationality.
1931
An amendment to the Cable Act allowed females to retain their citizenship even if they married an Asian.
1936
In 1936, a federal appeals court ruled in United States v. One Package of Japanese Pessaries that the federal government could not interfere with doctors providing contraception to their patients.
The Cable Act was repealed.
1948
Goesaert v. Cleary, 335 U.S. 464 (1948), was a United States Supreme Court case in which the Court upheld a Michigan law which prohibited women from being licensed as a bartender in all cities having a population of 50,000 or more, unless their father or husband owned the establishment. Valentine Goesaert, the plaintiff in this case, challenged the law on the ground that it infringed on the Fourteenth Amendment's Equal Protection Clause. Speaking for the majority, Justice Felix Frankfurter affirmed the judgment of the Detroit, Michigan district court and upheld the constitutionality of the state law. The state argued that since the profession of bartending could potentially lead to moral and social problems for women, it was within the state's power to bar them from working as bartenders. Only when the owner of the bar was a sufficiently close relative to the women bartender could it be guaranteed that such immorality would not be present.
1961
Hoyt v. Florida, 368 U.S. 57 (1961), was an appeal by Gwendolyn Hoyt, who had killed her husband and received a jail sentence for second degree murder. Although she had suffered mental and physical abuse in her marriage, and showed neurotic, if not psychotic, behavior, a six-man jury deliberated for just twenty-five minutes before finding her guilty. They sentenced her to 30 years of hard labor. Hoyt claimed that her all-male jury led to discrimination and unfair circumstances during her trial. In a unanimous opinion written by Justice John Marshall Harlan II, Supreme Court of the United States held the Florida jury selection statute was not discriminatory.
1963
The Equal Pay Act of 1963 is a United States federal law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see Gender pay gap). It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program. In passing the bill, Congress stated that sex discrimination:
depresses wages and living standards for employees necessary for their health and efficiency;
prevents the maximum utilization of the available labor resources;
tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;
burdens commerce and the free flow of goods in commerce; and
constitutes an unfair method of competition.
The law provides (in part) that:
No employer having employees subject to any provisions of this section [section 206 of title 29 of the United States Code] shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs[,] the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex [ . . . . ] For the first nine years of the EPA, the requirement of equal pay for equal work did not extend to persons employed in an executive, administrative or professional capacity, or as an outside salesperson. Therefore, the EPA exempted white-collar women from the protection of equal pay for equal work. In 1972, Congress enacted the Educational Amendment of 1972, which amended the FLSA to expand the coverage of the EPA to these employees, by excluding the EPA from the professional workers exemption of the FLSA.
1964
Title VII of the Civil Rights Act of 1964, codified as Subchapter VI of Chapter 21 of title 42 of the United States Code, prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin (see 42 U.S.C. § 2000e-2). Title VII applies to and covers an employer "who has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" as written in the Definitions section under 42 U.S.C. §2000e(b). Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin, such as by an interracial marriage. The EEO Title VII has also been supplemented with legislation prohibiting pregnancy, age, and disability discrimination (See Pregnancy Discrimination Act of 1978, Age Discrimination in Employment Act, Americans with Disabilities Act of 1990).
In very narrowly defined situations, an employer is permitted to discriminate on the basis of a protected trait where the trait is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that particular business or enterprise. To prove the bona fide occupational qualifications defense, an employer must prove three elements: a direct relationship between the protected trait and the ability to perform the duties of the job, the BFOQ relates to the "essence" or "central mission of the employer's business", and there is no less-restrictive or reasonable alternative (United Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991) 111 S.Ct. 1196). The Bona Fide Occupational Qualification exception is an extremely narrow exception to the general prohibition of discrimination based on protected traits (Dothard v. Rawlinson, 433 U.S. 321 (1977) 97 S.Ct. 2720). An employer or customer's preference for an individual of a particular religion is not sufficient to establish a Bona Fide Occupational Qualification (Equal Employment Opportunity Commission v. Kamehameha School — Bishop Estate, 990 F.2d 458 (9th Cir. 1993)). There are partial and whole exceptions to Title VII for four types of employers:
Federal government; (Comment: The proscriptions against employment discrimination under Title VII are now applicable to certain federal government offices under 42 U.S.C. Section 2000e-16)
Federally recognized Native American tribes
Religious groups performing work connected to the group's activities, including associated education institutions;
Bona fide nonprofit private membership organizations.
1965
Griswold v. Connecticut, 381 U.S. 479 (1965), is a landmark case in the United States in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut "Comstock law" that prohibited any person from using "any drug, medicinal article or instrument for the purpose of preventing conception." By a vote of 7–2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy", establishing the basis for the right to privacy with respect to intimate practices. This and other cases view the right to privacy as a right to "protect[ion] from governmental intrusion."
Although the Bill of Rights does not explicitly mention "privacy", Justice William O. Douglas wrote for the majority that the right was to be found in the "penumbras" and "emanations" of other constitutional protections, such as the self-incrimination clause of the Fifth Amendment. Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment in support of the Supreme Court's ruling. Justice Arthur Goldberg and Justice John Marshall Harlan II wrote concurring opinions in which they argued that privacy is protected by the due process clause of the Fourteenth Amendment. Justice Byron White also wrote a concurrence based on the due process clause.
The Equal Employment Opportunity Commission (EEOC) decided in 1965 that segregated job advertising—"Help Wanted Male" and "Help Wanted Female"—was permissible because it served "the convenience of readers". Advocates for women's rights founded the National Organization for Women (NOW) in June 1966 out of frustration with the enforcement of the sex bias provisions of the Civil Rights Act and Executive Order 11375.
1966
In the case Weeks v. Southern Bell (1966), Lorena Weeks claimed that Southern Bell had violated her rights under the 1964 Civil Rights Act when they denied her application for promotion to a higher paying position because she was a woman. She won her case.
1967
Executive Order 11375, signed by President Lyndon B. Johnson on October 13, 1967, banned discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors.
1968
King v. Smith, 392 U.S. 309 (1968), was a decision in which the Supreme Court of the United States held that Aid to Families with Dependent Children (AFDC) could not be withheld because of the presence of a "substitute father" who visited a family on weekends.
The Fair Housing Act was first enacted, and it prohibited discrimination on the basis of sex.
1970
In 1970, Eleanor Holmes Norton represented sixty female employees of Newsweek who had filed a claim with the Equal Employment Opportunity Commission that Newsweek had a policy of only allowing men to be reporters. The women won, and Newsweek agreed to allow women to be reporters. The day the claim was filed, Newsweek's cover article was "Women in Revolt", covering the feminist movement; the article was written by a woman who had been hired on a freelance basis since there were no female reporters at the magazine.
The Title X Family Planning Program, officially known as Public Law 91-572 or "Population Research and Voluntary Family Planning Programs", was enacted under President Richard Nixon in 1970 as part of the Public Health Service Act. Title X is the only federal grant program dedicated solely to providing individuals with comprehensive family planning and related preventive health services. Title X is legally designed to prioritize the needs of low-income families or uninsured people (including those who are not eligible for Medicaid) who might not otherwise have access to these health care services. These services are provided to low-income and uninsured individuals at reduced or no cost. Its overall purpose is to promote positive birth outcomes and healthy families by allowing individuals to decide the number and spacing of their children. The other health services provided in Title X-funded clinics are integral in achieving this objective.
Schultz v. Wheaton Glass Co., 421 F.2d 259 (3rd Cir. 1970) was a case heard before the United States Court of Appeals for the Third Circuit in 1970. It is an important case in studying the impact of the Bennett Amendment on Chapter VII of the Civil Rights Act of 1964, helping to define the limitations of equal pay for men and women. In its rulings, the court determined that a job that is "substantially equal" in terms of what the job entails, although not necessarily in title or job description, is protected by the Equal Pay Act. An employer who hires a woman to do the same job as a man but gives the job a new title in order to offer it a lesser pay is discriminating under that act.
In Sprogis v. United Air Lines, Inc. , a federal trial court ruled in a female flight attendant’s favor on whether airline marriage bans were illegal under Title VII. The court found that neither sex nor marital status was a bona fide occupational qualification for the flight attendant occupation. The court's ruling was upheld upon appeal.
1971
Barring women from practicing law was prohibited in the U.S. in 1971.
United States v. Vuitch, 402 U.S. 62 (1971) was a United States Supreme Court abortion rights case, which held that the District of Columbia's abortion law banning the practice except when necessary for the health or life of the woman was not unconstitutionally vague.
Reed v. Reed, 404 U.S. 71 (1971), was an Equal Protection case in the United States in which the Supreme Court ruled that the administrators of estates cannot be named in a way that discriminates between sexes. The Supreme Court ruled for the first time in Reed v. Reed that the Equal Protection Clause of the Fourteenth Amendment prohibited differential treatment based on sex.
Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971), was a United States Supreme Court case in which the Court held that under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, refuse to hire women with pre-school-age children while hiring men with such children. It was the first sex discrimination case under Title VII to reach the Court.
1972
Title IX is a portion of the United States Education Amendments of 1972, Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. §§ 1681–1688, co-authored and introduced by Senator Birch Bayh; it was renamed the Patsy Mink Equal Opportunity in Education Act in 2002, after its late House co-author and sponsor. It states (in part) that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
Eisenstadt v. Baird, 405 U.S. 438 (1972), was a United States Supreme Court case that established the right of unmarried people to possess contraception on the same basis as married couples. The Court struck down a Massachusetts law prohibiting the distribution of contraceptives to unmarried people for the purpose of preventing pregnancy, ruling that it violated the Equal Protection Clause of the Constitution.
The common law offence of being a common scold was extant in New Jersey until struck down in 1972 by Circuit Judge McCann who found it had been subsumed in the provisions of the Disorderly Conduct Act of 1898, was bad for vagueness and offended the 14th Amendment to the US Constitution for sex discrimination.
1973
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision by the United States Supreme Court on the issue of abortion. The Court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's two legitimate interests in regulating abortions: protecting women's health and protecting the potentiality of human life. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy.
Doe v. Bolton, 410 U.S. 179 (1973), was a decision of the United States Supreme Court overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the better-known case of Roe v. Wade, 410 U.S. 113 (1973). Doe v. Bolton challenged Georgia's much more liberal abortion statute.
Frontiero v. Richardson, 411 U.S. 677 (1973), was a landmark United States Supreme Court case which decided that benefits given by the United States military to the family of service members cannot be given out differently because of sex.
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, 413 U.S. 376 (1973), was a 1973 decision of the United States Supreme Court which upheld an ordinance enacted in Pittsburgh that forbids sex-designated classified advertising for job opportunities, against a claim by the parent company of the Pittsburgh Press that the ordinance violated its First Amendment rights.
From 1973 on, the United States Agency for International Development (USAID) has followed the Helms Amendment ruling, banning use of U.S. government funds to provide abortion as a method of family planning anywhere in the world.
1974
Geduldig v. Aiello, 417 U.S. 484 (1974), was an equal protection case in the United States in which the Supreme Court ruled on whether unfavorable treatment to pregnant women could count as sex discrimination. It held that the denial of insurance benefits for work loss resulting from a normal pregnancy did not violate the Fourteenth Amendment. The California insurance program at issue did not exclude workers from eligibility based on sex but did exclude pregnancy from a list of compensable disabilities. The majority found that even though only women would be directly affected by the administrative decision, the classification of normal pregnancy as non-compensable was not a sex-based classification, and therefore the court would defer to the state so long as it could provide a rational basis for its categorization.
The Equal Credit Opportunity Act (ECOA) is a United States law (codified at 15 U.S.C. § 1691 et seq.), enacted in 1974, that makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract); to the fact that all or part of the applicant's income derives from a public assistance program; or to the fact that the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The law applies to any person who, in the ordinary course of business, regularly participates in a credit decision, including banks, retailers, bankcard companies, finance companies, and credit unions.
Failure to comply with the Equal Credit Opportunity Act's Regulation B can subject a financial institution to civil liability for actual and punitive damages in individual or class actions. Liability for punitive damages can be as much as $10,000 in individual actions and the lesser of $500,000 or 1% of the creditor's net worth in class actions.
1975
Stanton v. Stanton, was a 421 U.S. 7 (1975) United States Supreme Court case which struck down Utah's definitions of adulthood as a violation of equal protection: females reached adulthood at 18; males at 21.
Weinberger v. Wiesenfeld, 420 U.S. 636 (1975), was a decision by the United States Supreme Court, which unanimously held that the gender-based distinction under 42 U.S.C. § 402(g) of the Social Security Act of 1935—which permitted widows but not widowers to collect special benefits while caring for minor children—violated the right to equal protection secured by the Due Process Clause of the Fifth Amendment to the United States Constitution.
Taylor v. Louisiana, 419 U.S. 522 (1975), was a significant Supreme Court of the United States case, which held women could not be excluded from a venire, or jury pool, on the basis of having to register for jury duty.
1976
Bellotti v. Baird (1976), 428 U.S. 132 (1976), was a United States Supreme Court case in which the Court upheld a Massachusetts law requiring parental consent to a minor's abortion, which provided that "if one or both of the [minor]'s parents refuse ... consent, consent may be obtained by order of a judge ... for good cause shown." The decision was unanimous, and the opinion of the Court was written by Justice Blackmun. The law in question "permits a minor capable of giving informed consent to obtain a court order allowing abortion without parental consultation, and further permits even a minor incapable of giving informed consent to obtain an abortion order without parental consultation where it is shown that abortion would be in her best interests."
Craig v. Boren, 429 U.S. 190 (1976), was the first case in which a majority of the United States Supreme Court determined that statutory or administrative sex classifications were subject to intermediate scrutiny under Fourteenth Amendment's the Equal Protection Clause.
Planned Parenthood v. Danforth, 428 U.S. 52 (1976) is a United States Supreme Court case on abortion. The plaintiffs challenged the constitutionality of a Missouri statute regulating abortion. The Court upheld the right to have an abortion, declaring unconstitutional the statute's requirement of prior written consent from a parent (in the case of a minor) or a spouse (in the case of a married woman).
In United States politics, the Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortion unless the pregnancy arises from incest, rape, or to save the life of the mother. The Hyde Amendment is not a permanent law, but rather is a "rider" that in various forms has been routinely attached to annual appropriations bills since 1976. Legislation including the Hyde Amendment generally only restricts the use of funds allocated for the Department of Health and Human Services and primarily affects Medicaid.
1977
Beal v. Doe, 432 U.S. 438 (1977), was a United States Supreme Court case that concerned the disbursement of federal funds in Pennsylvania. Pennsylvania statute restricted federal funding to abortion clinics. The Supreme Court ruled states are not required to treat abortion in the same manner as potential motherhood. The opinion of the Court left the central holding of the Roe v. Wade decision – abortion as a right – intact. The statute was upheld, with Justice Powell writing the majority opinion.
Califano v. Goldfarb, 430 U.S. 199 (1977), was a decision by the United States Supreme Court, which held that the different treatment of men and women mandated by 42 U.S.C. § 402(f)(1)(D) constituted invidious discrimination against female wage earners by affording them less protection for their surviving spouses than is provided to male employees, and therefore violated the Due Process Clause of the Fifth Amendment to the United States Constitution.
Dothard v. Rawlinson, 433 U.S. 321 (1977), was the first United States Supreme Court case which the bona fide occupational qualifications (BFOQ) defense was used. The court held that Under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, set height and weight restrictions which have a disproportionately adverse effect on one gender. However, on the issue of whether women could fill close contact jobs in all male maximum security prisons the Court ruled 6-3 that the BFOQ defense was legitimate in this case. The reason for this finding is that female prison guards were more vulnerable to male sexual attack than male prison guards.
Carey v. Population Services International, 431 U.S. 678 (1977), was a United States Supreme Court case in which the Court held that it was unconstitutional to prohibit anyone other than a licensed pharmacist to distribute nonprescription contraceptives to persons 16 years of age or over, to prohibit the distribution of nonprescription contraceptives by any adult to minors under 16 years of age, and to prohibit anyone, including licensed pharmacists, to advertise or display contraceptives.
1978
The Pregnancy Discrimination Act of 1978 is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy."
The Act covers discrimination "on the basis of pregnancy, childbirth, or related medical conditions." It only applies to employers with 15 or more employees. Employers are exempt from providing medical coverage for elective abortions - except in the case that the mother's life is threatened - but are required to provide disability and sick leave for women who are recovering from an abortion.
Judge John Sirica ruled the law banning Navy women from ships to be unconstitutional in the case Owens v. Brown. That same year, Congress approved a change to Title 10 USC Section 6015 to permit the Navy to assign women to fill sea duty billets on support and noncombatant ships.
1979
Bellotti v. Baird (1979), 443 U.S. 622 (1979) was a United States Supreme Court case that ruled that teenagers do not have to secure parental consent to obtain an abortion. The Court, 8-1, elaborates on its parental consent decision of 1976. It implies that states may be able to require a pregnant, unmarried minor to obtain parental consent to an abortion so long as the state law provides an alternative procedure to parental approval, such as letting the minor seek a state judge's approval instead. This plurality opinion declined to fully extend the right to seek and obtain an abortion, granted to adult women in Roe v. Wade, to minors. The Court rejected this extension to minors by placing emphasis on the especially vulnerable nature of children, their "inability to make critical decisions in an informed and mature manner; and the importance of the parental role in child rearing."
Colautti v. Franklin, 439 U.S. 379 (1979) was a United States Supreme Court abortion rights case, which held void for vagueness part of Pennsylvania's 1974 Abortion Control Act. The section in question was the following:
(a) Every person who performs or induces an abortion shall prior thereto have made a determination based on his experience, judgment or professional competence that the fetus is not viable, and if the determination is that the fetus is viable or if there is sufficient reason to believe that the fetus may be viable, shall exercise that degree of professional skill, care and diligence to preserve the life and health of the fetus which such person would be required to exercise in order to preserve the life and health of any fetus intended to be born and not aborted and the abortion technique employed shall be that which would provide the best opportunity for the fetus to be aborted alive so long as a different technique would not be necessary in order to preserve the life or health of the mother.
Doctors who failed to adhere to the provisions of this section were liable to civil and criminal prosecution "as would pertain to him had the fetus been a child who was intended to be born and not aborted." Franklin and others sued, arguing that the provision was both vague and overbroad. In a 6-3 decision written by Roe author Harry Blackmun, the Supreme Court agreed, finding that requiring a determination "if... the fetus is viable or if there is sufficient reason to believe the fetus may be viable" was insufficient and impermissibly vague guidance for physicians who might face criminal liability if a jury disagrees with their judgment.
Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256 (1979), was a case heard by the Supreme Court of the United States. The decision upheld the constitutionality of a state law, giving hiring preference to veterans over nonveterans.
The law was challenged as violating the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by a woman, who argued that the law discriminated on the basis of sex because so few women were veterans.
1980
Shyamala Rajender v. University of Minnesota was a landmark class action lawsuit dealing with sexual discrimination at an American university. The case was filed on September 5, 1973 by Shyamala Rajender, an assistant professor of chemistry at the University of Minnesota. Rajender accused the university of engaging in employment discrimination on the basis of sex and national origin after she was turned down for a tenure-track position despite being recommended for the position by several university committees. The suit was certified as a class action by the United States District Court for the District of Minnesota in 1978. After eleven weeks of trial, the suit was settled in 1980 by a consent decree. Rajender received $100,000 and Judge Miles Lord enjoined the university from discriminating against women on the basis of sex. Rajender's attorneys were awarded approximately $2 million in fees.
Harris v. McRae, 448 U.S. 297 (1980), was a case in which the Supreme Court of the United States held that States that participated in Medicaid were not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the Hyde Amendment, which restricted the use of federal funds for abortion. The Court also held that the funding restrictions of the Hyde Amendment did not violate either the Fifth Amendment or the Establishment Clause of the First Amendment.
1981
The full end of the legal subordination of a wife to her husband: Kirchberg v. Feenstra, 450 U.S. 455 (1981), was a United States Supreme Court case in which the Court held a Louisiana Head and Master law, which gave sole control of marital property to the husband, unconstitutional.
H. L. v. Matheson, 450 U.S. 398 (1981) was a United States Supreme Court abortion rights case, according to which a state may require a doctor to inform a teenaged girl's parents before performing an abortion or face criminal penalty.
Rostker v. Goldberg, 453 U.S. 57 (1981), was a decision of the United States Supreme Court holding that the practice of requiring only men to register for the draft was constitutional. After extensive hearings, floor debate and committee sessions on the matter, the United States Congress enacted the law, as it had previously been, to apply to men only. Several attorneys, including Robert L. Goldberg, subsequently challenged the gender distinction as unconstitutional. (The named defendant is Bernard D. Rostker, Director of the Selective Service System.) In a 6-3 decision, the Supreme Court held that this gender distinction was not a violation of the equal protection component of the due process clause, and that the Act would stand as passed.
Bundy v. Jackson, 641 F.2d 934 (C.A. D.C. 1981), was a D.C. Circuit opinion, written by Judge Skelly Wright, that held that workplace sexual harassment could constitute employment discrimination under the Civil Rights Act of 1964.
1982
Mississippi University for Women v. Hogan, 458 U.S. 718 (1982) was a case decided 5-4 by the Supreme Court of the United States. The court held that the single-sex admissions policy of the Mississippi University for Women violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
1983
City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 (1983), was a case in which the United States Supreme Court affirmed its abortion rights jurisprudence. The case, decided June 15, 1983, struck down an Ohio abortion law with several provisions.
1984
The U.S. Supreme Court's 1984 ruling Grove City College v. Bell held that Title IX applied only to those programs receiving direct federal aid. The case reached the Supreme Court when Grove City College disagreed with the Department of Education's assertion that it was required to comply with Title IX. Grove City College was not a federally funded institution; however, they did accept students who were receiving Basic Educational Opportunity Grants through a Department of Education program. The Department of Education's stance was that, because some of its students were receiving federal grants, the school was receiving federal assistance and Title IX applied to it. The Court decided that since Grove City College was only receiving federal funding through the grant program, only that program had to be in compliance. The ruling was a major victory for those opposed to Title IX, as it made many institutions' sports programs outside of the rule of Title IX and, thus, reduced the scope of Title IX.
Roberts v. United States Jaycees, 468 U.S. 609 (1984), was an opinion of the Supreme Court of the United States overturning the United States Court of Appeals for the Eighth Circuit's application of a Minnesota antidiscrimination law, which had permitted the United States Junior Chamber (Jaycees) to exclude women from full membership.
People v. Pointer was a criminal law case from the California Court of Appeal, First District, which is significant because the trial judge included in his sentencing a prohibition on the defendant becoming pregnant during her period of probation. The appellate court held that such a prohibition was outside the bounds of a judge's sentencing authority. The case was remanded for resentencing to undo the overly broad prohibition against conception.
In Tallon v. Liberty Hose Co. No. 1 (Pa. Super. Ct. 1984) it was ruled that a volunteer fire department may be held liable under section 1983 for violating a plaintiff's constitutional rights.
1985
The "Mexico City Policy" came into effect, and it directed the United States Agency for International Development (USAID) to withhold USAID funds from NGOs that use non-USAID funds to engage in a wide range of activities, including providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available.
1986
Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747 (1986) was a United States Supreme Court case involving a challenge to Pennsylvania's Abortion Control Act of 1982. The American College of Obstetricians and Gynecologists sought an injunction to all enforcement of the Pennsylvania law. Although the law in question was similar to the one in City of Akron v. Akron Center for Reproductive Health, in Thornburgh the Reagan administration asked the justices to overrule Roe v. Wade. Justice Blackmun's opinion for the court rejected this position, reaffirming Roe.
Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), marked the United States Supreme Court's recognition of certain forms of sexual harassment as a violation of Civil Rights Act of 1964 Title VII, and established the standards for analyzing whether conduct was unlawful and when an employer would be liable.
1987
California Federal S. & L. Assn. v. Guerra, 479 U.S. 272 (1987), was a United States Supreme Court case about whether a state may require employers to provide greater pregnancy benefits than required by federal law, as well as the ability to require pregnancy benefits to women without similar benefits to men. The court held that The California Fair Employment and Housing Act in 12945(b)(2), which requires employers to provide leave and reinstatement to employees disabled by pregnancy, is consistent with federal law.
1988
The Civil Rights Restoration Act was passed in 1988 which extended Title IX coverage to all programs of any educational institution that receives any federal assistance, both direct and indirect.
1989
Webster v. Reproductive Health Services, 492 U.S. 490 (1989), was a United States Supreme Court decision on July 3, 1989 upholding a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on abortions. The Supreme Court in Webster allowed for states to legislate in an area that had previously been thought to be forbidden under Roe v. Wade.
Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), was an important decision by the United States Supreme Court on the issue of employer liability for sex discrimination. The Court held that the employer, the accounting firm Price Waterhouse, must prove by a preponderance of the evidence that the decision regarding employment would have been the same if sex discrimination had not occurred. The accounting firm failed to prove that the same decision to postpone Ann Hopkins's promotion to partnership would have still been made in the absence of sex discrimination, and therefore, the employment decision constituted sex discrimination under Title VII of the Civil Rights Act of 1964. The significance of the Supreme Court's ruling was twofold. First, it established that gender stereotyping is actionable as sex discrimination. Second, it established the mixed-motive framework as an evidentiary framework for proving discrimination under a disparate treatment theory even when lawful reasons for the adverse employment action are also present.
The first "Restroom Equity" Act in the United States was passed in California in 1989. It was introduced by then-Senator Arthur Torres after several long waits for his wife to return from the bathroom.
1990
Hodgson v. Minnesota, 497 U.S. 417 (1990), was a United States Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion. The law in question provided a judicial alternative. The law was declared valid with the judicial bypass, but the ruling struck down the two-parent notification requirement.
1991
Rust v. Sullivan, 500 U.S. 173 (1991), was a United States Supreme Court case decided in 1991 that found restrictions on funding with regard to abortion counseling to be constitutionally permissible.
United Automobile Workers v. Johnson Controls, Inc. 499 U.S. 187 (1991) is a decision by the Supreme Court of the United States establishing that private sector policies which allow men but not women to knowingly work in potentially hazardous occupations is gender discrimination and violates Title VII of the 1964 Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978. At the time the case was heard, it was considered one of the most important sex-discrimination cases since the passage of Title VII.
In Robinson v. Jacksonville Shipyards, Inc., a Florida district court judge ruled that "pictures of nude and partially nude women" placed throughout the workplace do constitute sexual harassment.
1992
Planned Parenthood v. Casey, 505 U.S. 833 (1992) was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state statutory provisions regarding abortion were challenged. Notably, the case was a turn from the Roe v. Wade decision to tie an abortion's legality to the third trimester, associating the legal timeframe with fetal viability. In theory, its aim was to make the woman's decision more thoughtful and informed. The Court's plurality opinion upheld the constitutional right to have an abortion while altering the standard for analyzing restrictions on that right. Applying its new standard of review, the Court upheld four regulations and invalidated the requirement of spousal notification.
In R.A.V. v. City of St. Paul (1992), the United States Supreme Court overturned a statute prohibiting speech or symbolic expression that "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender" on the grounds that, even if the specific statute was limited to fighting words, it was unconstitutionally content-based and viewpoint-based because of the limitation to race-/religion-/sex-based fighting words. The Court, however, made it repeatedly clear that the City could have pursued "any number" of other avenues, and reaffirmed the notion that "fighting words" could be properly regulated by municipal or state governments.
1993
Bray v. Alexandria Women's Health Clinic was a United States Supreme Court case in which the court held that 42 U.S.C. 1985(3) does not provide a federal cause of action against persons obstructing access to abortion clinics. Several abortion clinics (most known was the Alexandria Health Clinic) sued to prevent Jayne Bray and other anti-abortion protesters from voicing their freedom of speech in front of the clinics in Washington D.C.
Alexandria Women's Health Clinic reported that the protesters violated 42 U.S.C. 1985(3), which prohibits protests to deprive "any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws."
The "Mexico City Policy", which directed the United States Agency for International Development (USAID) to withhold USAID funds from NGOs that use non-USAID funds to engage in a wide range of activities, including providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available, was rescinded by President Clinton.
On October 22, 1993, President Clinton signed into law the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994. The Act contained a new version of the Hyde Amendment that expanded the category of abortions for which federal funds are available under Medicaid to include cases of rape and incest.
The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons. Qualified medical and family reasons include: personal or family illness, family military leave, pregnancy, adoption, or the foster care placement of a child.
1994
The Violence Against Women Act of 1994 is a United States federal law (Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act, H.R. 3355) signed as Pub.L. 103–322 by President Bill Clinton on September 13, 1994 (codified in part at 42 U.S.C. sections 13701 through 14040). The Act provides $1.6 billion toward investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors chose to leave un-prosecuted. The Act also establishes the Office on Violence Against Women within the Department of Justice.
In 1994, the Equity in Athletics Disclosure Act, sponsored by congresswoman Cardiss Collins, required federally assisted higher education institutions to disclose information on roster sizes for men's and women's teams, as well as budgets for recruiting, scholarships, coaches' salaries, and other expenses, annually.
J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994), was a case in which the Supreme Court of the United States held that making peremptory challenges based solely on a prospective juror's sex is unconstitutional. J.E.B. extended the court's existing precedent in Batson v. Kentucky (1986), which found race-based peremptory challenges in criminal trials unconstitutional, and Edmonson v. Leesville Concrete Company (1991), which extended that principle to civil trials. As in Batson, the court found that sex-based challenges violate the Equal Protection Clause.
The Freedom of Access to Clinic Entrances Act (FACE or the Access Act, Pub. L. No. 103-259, 108 Stat. 694) (May 26, 1994, 18 U.S.C. § 248) is a United States law that was signed by President Bill Clinton in May 1994, which prohibits the following three things: (1) the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is obtaining reproductive health services or providing reproductive health services (this portion of the law typically refers to abortion clinics), (2) the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is exercising or trying to exercise their First Amendment right of religious freedom at a place of religious worship, (3) the intentional damage or destruction of a reproductive health care facility or a place of worship.
1995
The Violent Crime Control and Law Enforcement Act, enacted in 28 U.S.C. § 994 note Sec. 280003, requires the United States Sentencing Commission to increase the penalties for hate crimes committed on the basis of the actual or perceived gender, race, color, religion, national origin, or ethnicity of any person. In 1995, the Sentencing Commission implemented these guidelines, which only apply to federal crimes.
1996
Fauziya Kasinga, a 19-year-old member of the Tchamba-Kunsuntu tribe of Togo, was granted asylum in 1996 after leaving an arranged marriage to escape FGM; this set a precedent in US immigration law because it was the first time FGM was accepted as a form of persecution.
United States v. Virginia, 518 U.S. 515 (1996), was a landmark case in which the Supreme Court of the United States struck down the Virginia Military Institute (VMI)'s long-standing male-only admission policy in a 7-1 decision. (Justice Clarence Thomas, whose son was enrolled at VMI at the time, recused himself.)
1997
The Federal Prohibition of Female Genital Mutilation Act is enacted.
Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357 (1997), was a case heard before the United States Supreme Court related to legal protection of access to abortion. It ruled in an 8-1 decision that "floating buffer zones" preventing protesters approaching people entering or leaving abortion clinics were unconstitutional, though "fixed buffer zones" around the clinics themselves remained constitutional. The Court's upholding the fixed buffer was the most important aspect of the ruling, because it was a common feature of injunctions nationwide.
The Domestic Violence Offender Gun Ban, often called "the Lautenberg Amendment" ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence", Pub.L. 104–208, 18 U.S.C. § 922(g)(9)), is an amendment to the Omnibus Consolidated Appropriations Act of 1997, enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence. The act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg (D - NJ).
1998
Faragher v. City of Boca Raton, 524 U.S. 775 (1998), was a United States Supreme Court case in which the Court identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment discrimination. The court held that "an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of a plaintiff victim."
Lois E. Jenson v. Eveleth Taconite Co. was the first class-action sexual harassment lawsuit in the United States. It was filed in 1988 on behalf of Lois Jenson and other female workers at the EVTAC mine in Eveleth, Minnesota on the state's northern Mesabi Range, which is part of the Iron Range. On December 23, 1998, just before the trial was set to begin, fifteen women settled with Eveleth Mines for a total of $3.5 million.
1999
A United States House of Representatives appropriations bill (HR 2490) that contained an amendment specifically permitting breastfeeding was signed into law on September 29, 1999. It stipulated that no government funds may be used to enforce any prohibition on women breastfeeding their children in federal buildings or on federal property.
A federal law enacted in 1999 specifically provides that "a woman may breastfeed her child at any location in a federal building or on federal property, if the woman and her child are otherwise authorized to be present at the location."
2000
Stenberg v. Carhart, 530 U.S. 914 (2000), is a case heard by the Supreme Court of the United States dealing with a Nebraska law which made performing "partial-birth abortion" illegal, without regard for the health of the mother. Nebraska physicians who performed the procedure contrary to the law were subject to having their medical licenses revoked. The Court struck down the law, finding the Nebraska statute criminalizing "partial birth abortion[s]" violated the Due Process Clause of the United States Constitution, as interpreted in Planned Parenthood v. Casey and Roe v. Wade.
United States v. Morrison, 529 U.S. 598 (2000), is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.
2001
The "Mexico City Policy", which directed the United States Agency for International Development (USAID) to withhold USAID funds from NGOs that use non-USAID funds to engage in a wide range of activities, including providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available, was reinstated by President George W. Bush, who implemented it through conditions in USAID grant awards, and subsequently extended the policy to "voluntary population planning" assistance provided by the Department of State.
2002
Center for Reproductive Law and Policy v. Bush, 304 F.3d 183 (2d Cir. 2002), was a case in which the United States Court of Appeals for the Second Circuit upheld the Bush Administration's re-imposition of the Mexico City Policy, which states that "the United States will no longer contribute to separate nongovernmental organizations which perform or actively promote abortion as a method of family planning in other nations."
In Apessos v. Memorial Press Group, a Massachusetts state court made a ruling forbidding employers from firing domestic violence survivors who need to take time off from work to obtain a court order of protection.
2003
The Partial-Birth Abortion Ban Act of 2003 (Pub.L. 108–105, 117 Stat. 1201, enacted November 5, 2003, 18 U.S.C. § 1531, PBA Ban) is a United States law prohibiting a form of late-term abortion that the Act calls "partial-birth abortion", referred to in medical literature as intact dilation and extraction. Under this law, "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both."
Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003), was a United States Supreme Court case which held that the Family and Medical Leave Act of 1993 was "narrowly targeted" at "sex-based overgeneralization" and was thus a "valid exercise of [congressional] power under Section 5 of the Fourteenth Amendment."
2005
McCorvey v. Hill, 385 F.3d 846 (5th Cir. 2004)[2], was a case in which the principal original litigant in Roe v. Wade, (1973) Norma McCorvey, also known as 'Jane Roe', requested the overturning of Roe. The U.S. Court of Appeals for the Fifth Circuit ruled that McCorvey could not do this; the United States Supreme Court denied certiorari on February 22, 2005, rendering the opinion of the Fifth Circuit final.
The lawsuit Eduardo Gonzalez, et al. v. Abercrombie & Fitch Stores, Inc., et al. (No. C03-2817), filed in June 2003, alleged that the nationwide retailer Abercrombie & Fitch "violated Title VII of the Civil Rights Act of 1964 by maintaining recruiting and hiring practice that excluded minorities and women and adopting a restrictive marketing image, and other policies, which limited minority and female employment." The female and Latino, African-American, and Asian American plaintiffs charged that they were either not hired despite strong qualifications or if hired "they were steered not to sales positions out front, but to low-visibility, back-of-the-store jobs, stocking and cleaning up." In April 2005, the U.S. District Court approved a settlement, valued at approximately $50 million, which requires the retail clothing giant Abercrombie & Fitch to provide monetary benefits to the class of Latino, African American, Asian American and female applicants and employees who charged the company with discrimination. The settlement, rendered as a Consent Decree, also requires the company to institute a range of policies and programs to promote diversity among its workforce and to prevent discrimination based on race or gender. Implementation of the Consent Decree continued into 2011. Abercrombie did not admit liability.
Castle Rock v. Gonzales, 545 U.S. 748 (2005), was a United States Supreme Court case in which the Court ruled, 7–2, that a town and its police department could not be sued under 42 U.S.C. §1983 for failing to enforce a restraining order, which had led to the murder of a woman's three children by her estranged husband.
New York City Council passed a law in 2005 requiring all new establishments falling under the terms of the legislation to maintain roughly a two-to-one ratio of women's bathroom stalls to men's stalls and urinals. Existing establishments were required to come into compliance when they undergo extensive renovations, while restaurants, schools, hospitals, and municipal buildings were excluded.
2006
Jespersen v. Harrah's Operating Co., No. 03-15045 (9th Cir. Apr. 14, 2006, en banc) was a United States federal employment law sex discrimination case.
Darlene Jespersen was a 20-year employee at Harrah's Casino in Reno, Nevada. In 2000, Harrah's advanced a "Personal Best" policy, which created strict standards for employee appearance and grooming, which included a requirement that women wear substantial amounts of makeup. Jespersen was fired for non-compliance with its policy. Jespersen argued the makeup requirement was contrary to her self-image, and that the requirement violated Title VII of the Civil Rights Act of 1964.
In 2001, Jespersen filed a lawsuit in United States District Court for the District of Nevada, which found against her claim. The district court opined that the policy imposed "equal burdens" on both sexes and that the policy did not discriminate based on immutable characteristics of her sex. The 9th Circuit Court of Appeals affirmed the decision, but on rehearing en banc, reversed part of its decision. The full panel concluded, in contrast to the previous rulings, that such grooming requirements could be challenged as sex stereotyping in some cases, even in view of the decision in Price Waterhouse v. Hopkins. However, the panel found that Jespersen had not provided evidence that the policy had been motivated by stereotyping, and affirmed the district court's finding for Harrah's.
Khalid Adem, an Ethiopian American, was both the first person prosecuted and first person convicted for female genital mutilation (FGM) in the United States, stemming from charges that he had personally excised his 2-year-old daughter's clitoris with a pair of scissors.
On November 24, 2006, the Title IX regulations were amended to provide greater flexibility in the operation of single-sex classes or extracurricular activities at the primary or secondary school level.
Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320 (2006), was a decision by the Supreme Court of the United States involving a facial challenge to New Hampshire's parental notification abortion law. The First Circuit had ruled that the law was unconstitutional and an injunction against its enforcement was proper. The Supreme Court vacated this judgment and remanded the case, but avoided a substantive ruling on the challenged law or a reconsideration of prior Supreme Court abortion precedent. Instead, the Court only addressed the issue of remedy, holding that invalidating a statute in its entirety "is not always necessary or justified, for lower courts may be able to render narrower declaratory and injunctive relief."
2007
Gonzales v. Carhart, 550 U.S. 124 (2007), is a United States Supreme Court case that upheld the Partial-Birth Abortion Ban Act of 2003.
Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), is an employment discrimination decision of the Supreme Court of the United States, stating that employers cannot be sued under Title VII of the Civil Rights Act of 1964 over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more. Justice Alito held for the five-justice majority that each paycheck received did not constitute a discrete discriminatory act, even if affected by a prior decision outside the time limit. Ledbetter's claim of the "paycheck accrual rule" was rejected. The decision did not prevent plaintiffs from suing under other laws, like the Equal Pay Act, which has a three-year deadline for most sex discrimination claims, or 42 U.S.C. 1981, which has a four-year deadline for suing over race discrimination.
2009
The Lilly Ledbetter Fair Pay Act of 2009 (Pub.L. 111–2, S. 181) is a federal statute in the United States that was the first bill signed into law by President Barack Obama on January 29, 2009. The Act amends the Civil Rights Act of 1964. The act states that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action. The law directly addressed Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), a U.S. Supreme Court decision that the statute of limitations for presenting an equal-pay lawsuit begins on the date that the employer makes the initial discriminatory wage decision, not at the date of the most recent paycheck.
The "Mexico City Policy" was rescinded January 23, 2009, three days after President Barack Obama took office.
Crawford v. Metropolitan Government of Nashville, 555 U.S. 271 (2009), is a United States Supreme Court case in which the Court unanimously ruled that Title VII of the 1964 Civil Rights Act protects an employee who opposes unlawful sexual harassment, but does not report the harassment him or herself.
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, also known as the Matthew Shepard Act, is an American Act of Congress, passed on October 22, 2009, and signed into law by President Barack Obama on October 28, 2009, as a rider to the National Defense Authorization Act for 2010 (H.R. 2647). Conceived as a response to the murders of Matthew Shepard and James Byrd Jr., the measure expands the 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability.
The bill also:
Removes the prerequisite that the victim be engaging in a federally protected activity, like voting or going to school;
Gives federal authorities greater ability to engage in hate crimes investigations that local authorities choose not to pursue;
Provided $5 million per year in funding for fiscal years 2010 through 2012 to help state and local agencies pay for investigating and prosecuting hate crimes;
Requires the Federal Bureau of Investigation (FBI) to track statistics on hate crimes based on gender and gender identity (statistics for the other groups were already tracked).
2010
Section 4207 of the Patient Protection and Affordable Care Act amended the Fair Labor Standards Act and required employers to provide a reasonable break time for an employee to breastfeed her child if it is less than one year old. The employee must be allowed to breastfeed in a private place, other than a bathroom. The employer is not required to pay the employee during the break time. Employers with fewer than 50 employees are not required to comply with the law if doing so would impose an undue hardship to the employer based on its size, finances, nature, or structure of its business.
Sex discrimination was outlawed in health insurance.
Executive Order 13535 is an executive order announced by President Barack Obama on March 21, 2010, and signed on March 24. It reinforces a commitment to preservation of the Hyde Amendment's policy restricting federal funds for abortion within the context of recent health care legislation. The order was signed after an agreement with pro-life Democratic Congressman Bart Stupak, who had said he and several other pro-life Democrats in the House of Representatives would not support the Patient Protection and Affordable Care Act unless the Bill's language prohibiting federal funding of abortions was strengthened.
In United States v. Jardee it was ruled that the threat of being subjected to the Domestic Violence Offender Gun Ban did not turn an otherwise "petty" crime into a "serious" one requiring a jury trial.
2011
Wal-Mart v. Dukes, 564 U.S. ___ (2011), was a United States Supreme Court case. The case was an appeal from the Ninth Circuit's decision in Dukes v. Wal-Mart Stores, Inc. in which the Supreme Court, by a 5-4 decision, reversed the district court's decision to certify a class action lawsuit in which the plaintiff class included 1.6 million women who currently work or have worked for Wal-Mart stores, including the lead plaintiff, Betty Dukes. Dukes, a current Wal-Mart employee, and others alleged gender discrimination in pay and promotion policies and practices in Wal-Mart stores.
The Court agreed to hear argument on whether Federal Rule of Civil Procedure, Rule 23(b)(2), which provides for class-actions if the defendant's actions make injunctive relief appropriate, can be used to file a class action that demands monetary damages. The Court also asked the parties to argue whether the class meets the traditional requirements of numerosity, commonality, typicality, and adequacy of representation.
The Supreme Court ruled unanimously that the class should not be certified in its current form but was only 5-4 on the reason for that and whether the class could continue in a different form.
2012
Planned Parenthood v. Rounds (686 F.3d 889 (8th Cir. 2012) (en banc)) was a decision by the U.S. Court of Appeals for the Eighth Circuit that upheld a provision of a South Dakota law that requires a doctor to inform a patient, prior to providing an abortion, that one of the "known medical risks of the procedure and statistically significant risk factors" is an "increased risk of suicide ideation and suicide."
A provision of the Provisions of the Patient Protection and Affordable Care Act, effective August 1, 2012, states that all new health insurance plans must cover certain preventive services such as mammograms and colonoscopies without charging a deductible, co-pay or coinsurance. Women's Preventive Services – including: well-woman visits; gestational diabetes screening; human papillomavirus (HPV) DNA testing for women age 30 and older; sexually transmitted infection counseling; human immunodeficiency virus (HIV) screening and counseling; FDA-approved contraceptive methods and contraceptive counseling; breastfeeding support, supplies and counseling; and domestic violence screening and counseling – will be covered without cost sharing. The requirement to cover FDA-approved contraceptive methods is also known as the contraceptive mandate.
2013
The Transport for Female Genital Mutilation Act, which prohibits knowingly transporting a girl out of the United States for the purpose of undergoing FGM, was enacted.
2014
Burwell v. Hobby Lobby, 573 U.S. ___ (2014), was a landmark decision by the United States Supreme Court allowing closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest. It is the first time that the court has recognized a for-profit corporation's claim of religious belief, but it is limited to closely held corporations. The decision is an interpretation of the Religious Freedom Restoration Act (RFRA) and does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution.
For such companies, the Court's majority directly struck down the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) requiring employers to cover certain contraceptives for their female employees, by a 5-4 vote. The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the Court issued an injunction 3 days later, effectively ending said alternative, replacing it with a government-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control.
United States v. Castleman (2014) challenged the application of the Domestic Violence Offender Gun Ban to misdemeanor convictions which did not involve "the use or attempted use of physical force". In a 9-0 decision, the United States Supreme Court held that Castleman's conviction of "misdemeanor domestic assault" did qualify as a "misdemeanor crime of domestic violence" under Tennessee state law. Specifically they held that the ""physical force" requirement is satisfied by the degree of force that supports a common-law battery conviction — namely, offensive touching" - thereby preventing him from possession of firearms.
2015
The Obama administration issued a new rule stating that a closely held for-profit company that objects to covering contraception in its health plan can write a letter to the Department of Health and Human Services stating its objection, and that the Department will then notify a third-party insurer of the company's objection, and the insurer will provide birth control coverage to the company's female employees at no additional cost to the company.
A policy update in 2015 required all Indian Health Services-run pharmacies, clinics, and emergency departments to have Plan B One-Step in stock, to distribute it to any woman (or her representative) who asked for it without a prescription, age verification, registration or any other requirement, to provide orientation training to all staff regarding the medication, to provide unbiased and medically accurate information about emergency contraception, and to make someone available at all times to distribute the pill in case the primary staffer objected to providing it on religious or moral grounds.
Ellen Pao v. Kleiner Perkins Caufield & Byers LLC and DOES 1-20 was a lawsuit filed in 2012 in San Francisco County Superior Court under the law of California by executive Ellen Pao for gender discrimination against her employer, Kleiner Perkins Caufield & Byers. Overlapping with a number of condemning studies on the representation of women in venture capital, the case was followed closely by reporters, advocacy groups and Silicon Valley executives. Given the tendency for similar cases to reach settlements out of court, coverage of Pao v. Kleiner Perkins described it as a landmark trial once it began in February 2015. On March 27, 2015 the jury found in favor of Kleiner Perkins on all counts.
In the U.S. Supreme Court case Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___ (2015), the Court held that Congress specifically intended to include disparate impact claims in the Fair Housing Act, but that such claims require a plaintiff to prove it is the defendant's policies that cause a disparity. The Fair Housing Act prohibits discrimination based on sex.
Young v. United Parcel Service, 575 U.S. ___ (2015), is a United States Supreme Court case that the Court evaluated the requirements for bringing a disparate treatment claim under the Pregnancy Discrimination Act. In a 6-3 decision, the Court held that to bring such a claim, a pregnant employee must show that their employer refused to provide accommodations and that the employer later provided accommodations to other employees with similar restrictions.
2016
Zubik v. Burwell was a case before the United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) that requires non-church employers to cover certain contraceptives for their female employees. Churches are already exempt under those regulations. On May 16, 2016, the U.S. Supreme Court issued a per curiam ruling in Zubik v. Burwell that vacated the decisions of the Circuit Courts of Appeals and remanded the case "to the respective United States Courts of Appeals for the Third, Fifth, Tenth, and D.C. Circuits" for reconsideration in light of the "positions asserted by the parties in their supplemental briefs". Because the Petitioners agreed that "their religious exercise is not infringed where they 'need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception'", the Court held that the parties should be given an opportunity to clarify and refine how this approach would work in practice and to "resolve any outstanding issues". The Supreme Court expressed "no view on the merits of the cases." In a concurring opinion, Justice Sotomeyer, joined by Justice Ginsburg noted that in earlier cases "some lower courts have ignored those instructions" and cautioned lower courts not to read any signals in the Supreme Court's actions in this case.
Voisine v. United States, 579 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that reckless misdemeanor domestic violence convictions trigger gun control prohibitions on gun ownership.
Whole Woman's Health v. Hellerstedt, 579 U.S. ___ (2016), was a United States Supreme Court case decided on June 27, 2016, when the Court ruled 5-3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion. It has been called the most significant abortion rights case before the Supreme Court since Planned Parenthood v. Casey in 1992.
The Survivors' Bill of Rights Act of 2016 was passed by the United States Congress in September 2016 and signed into law by US President Barack Obama on October 7, 2016. The law overhauls the way that rape kits are processed within the United States and creates a bill of rights for victims. Through the law, survivors of sexual assault are given the right to have a rape kit preserved for the length of the case's statute of limitations, to be notified of an evidence kit's destruction, and to be informed about results of forensic exams.
2017
The "Mexico City Policy" was reinstated by President Trump. Trump not only reinstated the policy but expanded it, making it cover all global health organizations that receive U.S. government funding, rather than only family planning organizations that do, as was previously the case.
A new law ended former President Obama's executive order, which would have mandated companies trying to get contracts with the federal government to show compliance with federal anti-discrimination laws. That executive order had been enjoined by a federal judge in October 2016.
