Women's Rights in the USA : Policy Debates and Gender Roles

Women's Rights in the USA is a rigorous examination of the intersection of gender roles and public policy and the implications for feminist activists. The book places full information on state and federal statutes and court decisions in the context of the ebb and flow of debates that have engaged the public since the founding of the Republic. This fifth edition includes updates on all topics and expanded attention to same-sex marriage and lesbian issues, pay equity, conservative trends in courts, and women in elective politics. This text is a resource for the inquiry into women's rights politics and policies. It is a record of the changes in the major areas affecting gender roles and the status of women: constitutional law, political participation, reproduction, family law, education, work and pay, work and family, sexuality and economic status. It is more than a recital of laws, statutes and court decisions. The chapters focus on the development of the changes in debates over these issues and how the debates produce laws and provide the environment for their administration and interpretation. It also highlights the role, and impact, of feminists in the debates. 1. Introduction -- The Policy-making Process -- Policy Communities -- Sex, Gender, Feminism, And Women's Rights -- Feminist Debates -- Women's Rights Agendas -- Themes In Policy Making On Women's Rights Issues -- 2. The U. S. Constitution -- The Fourteenth Amendment In The Courts : 1868-1963 -- Equal Rights Amendment Campaign To 1963 -- Bringing Women Into The Constitution -- Congress And The Courts : 1970-1973 -- Equal Protection And Sex Classification In The Courts -- Era Debate, Defeat And The Aftermath -- State Eras -- Feminist Debates On Constitutional Equality -- 3. Political Participation -- The Vote -- Inalienable Right To Elective Franchise -- Emancipation Of Women -- Woman's Special Role -- The (long-awaited) Gender Gap -- Elective Office -- Other Forms Of Political Parties -- Appointments -- Commissions -- Indirect Policies And Political Participation -- Jury Service -- Election Regulations -- 4. Reproduction -- Contraception -- Obscene Materials --^ Prevention Of Disease -- Family Planning -- Personal Choice -- Social Policy -- Women's Health Movement -- Sterilization -- Abortion -- Criminalization Of Abortion -- Reform/repeal Of Abortion Laws -- Roe V. Wade -- The Battle Over Reproductive Rights -- The Pro-choice/pro-life Debate -- An Early Pro-life Victory : Restricting Public Assistance -- Administrative Hurdles : The Burdens Get Heavier -- Getting Rid Of Roe -- Abortion Clinic Access And Procedures -- Abortion Procedures : Ru486 And Dilation And Extraction -- Birth Control, Abortion, And Religious Liberty -- Emergency Contraception -- Insurance Coverage For Contraception -- Reproductive Rights For Poor Women In America -- 5. Education -- Why Educate Anyone? -- Why Educate Girls And Women? : A Framework Of Difference -- Elementary School -- Secondary School -- Higher Education -- Not Separate And Not Equal -- Title Ix : A Framework Of Equality -- Early Title Ix Conflicts -- Title Ix And Athletics --^ Title Ix Enforcement : A Continuing Controversy -- Other Gender Equity Policies In Education -- Women's Educational Equity Act, 1974 -- Carl D. Perkins Vocational And Technical Education Act, 1984 -- Elementary And Secondary Education Act, 1994 -- Policies In The States -- Single-sex Schools -- Women's Studies -- 6. Family -- Marriage -- Three Theories Of Gender Roles In Marriage -- Who Can Marry -- Marital Name -- Domicile -- Interspousal Immunity -- Marital Support -- Marital Services -- Marital Property Systems -- Status Of Women And Feminist Response -- Divorce -- Alimony -- Property -- Status Of Women And Feminist Response -- Parental Rights And Responsibilities In, And After, Marriage-- Physical And Legal Custody -- Child Support -- Status Of Women And Feminist Response -- Families Without Marriage -- Property Rights -- Parental Rights And Responsibilities : Heterosexual Couples -- Parental Rights And Responsibilities : Same-sex Couples -- Status Of Women And Feminist Response -- 7. Work And Pay -- Protective Legislation -- Muller V. Oregon -- Women's Bureau -- Equality For Working Women -- Equal Pay Act Of 1963 : Equal Pay For Equal Work -- Title Vii Of The Civil Rights Act Of 1964 : Equal Employment Opportunity -- Executive Orders 11246 And 11375 : Affirmative Action -- Implementation Of Eeo Laws -- Sex As A Bfoq [bona Fide Occupation Qualification] -- Proving Sex Discrimination : Disparate Treatment And Disparate Impact -- Affirmative Action And Equality -- Equal Pay And Nondiscrimination In Compensation -- Overcoming The Wage Gap -- Improve Enforcement Of Existing Laws -- Move Women Into Better-paying Jobs -- Raise The Pay For Women's Jobs -- 8. Pregnancy And Childbirth -- Maternity Protection -- Pregnancy As Disability : The Early Years -- Pregnancy As Disability : The Pregnancy Discrimination Act -- Maternity/parental Leave -- Relief For The Sandwich Generation? : Elder Care -- Child Care -- Child Development Act Of 1971 --^ Child Care Debates Continue -- 9. Sexuality : Regulation -- Prostitution -- Criminalization Of Prostitution -- Reform Efforts And Effects -- Prostitution As Sex Trafficking -- Pornography -- Pornography As Obscenity --the Feminist Debate -- Online Pornography -- Lesbian Issues -- The Gay And Lesbian Movement -- Contemporary Issues -- Lesbians And Gays In The Military -- Protection Against Discrimination -- Same-sex Marriage -- Parental Rights -- 10. Sexuality : Intimidation -- Rape -- Common Law Of Rape -- Rape Law Reform -- Campus Sexual Assault -- Sexual Harassment -- Sexual Harassment And Assault In The Military -- Battered Women -- Violence Against Women Act -- New Definitions And Intersections -- 11. Economic Status -- Feminization Of Poverty -- Causes Of Women's Poverty -- Helping The Poor : Dependent Mothers -- Aid To Families With Dependent Children -- Welfare Reform Politics -- Family Support Act -- Tanf [temporary Assistance For Needy Families] --^ Helping Wage Workers : Women's Share -- Earned Income Tax Credit -- Unemployment Insurance And Job Training -- Retirement, Social Security, And Insurance. Dorothy E. Mcbride And Janine A. Parry. Revised Editon Of The Authors' Women's Rights In The Usa, 2011. Includes Bibliographical References (pages 373-397) And Index. Cover Title Copyright Dedication Contents List of Photos List of Figures List of Maps List of Tables List of Abbreviations Preface to the Fifth Edition Acknowledgments 1 Introduction The Policy-Making Process Policy Communities Conceptual Frameworks Changing the Framework Historical Context Sex, Gender, Feminism, and Women’s Rights Feminist Debates Women’s Rights Agendas Themes in Policy Making on Women’s Rights Issues 2 The U.S. Constitution The Fourteenth Amendment in the Courts: 1868–1963 Equal Rights Amendment Campaign to 1963 Bringing Women into the Constitution Congress and the Courts: 1970–1973 Equal Protection and Sex Classification in the Courts ERA Debate, Defeat, and the Aftermath State ERAs Feminist Debates on Constitutional Equality Conclusion 3 Political Participation The Vote Inalienable Right to Elective Franchise Emancipation of Women Woman’s Special Role The (Long-Awaited) Gender Gap Elective Office Other Forms of Political Participation Groups Political Parties Appointments Commissions Indirect Policies and Political Participation Jury Service Election Regulations Conclusion 4 Reproduction Contraception Obscene Materials Prevention of Disease Family Planning Personal Choice Social Policy Women’s Health Movement Sterilization Abortion Criminalization of Abortion Reform/Repeal of Abortion Laws Roe v. Wade The Battle over Reproductive Rights The Pro-Choice/Pro-Life Debate An Early Pro-Life Victory: Restricting Public Assistance Administrative Hurdles: The Burdens Get Heavier Getting Rid of Roe: So Near Yet So Far Abortion Clinic Access and Procedures Abortion Procedures: RU 486 and Dilation and Extraction Birth Control, Abortion, and Religious Liberty Emergency Contraception Insurance Coverage for Contraception Conclusion: Reproductive Rights for Poor Women in America 5 Education Why Educate Anyone? Why Educate Girls and Women? A Framework of Difference Elementary School Secondary School Higher Education Not Separate and Not Equal Title IX: A Framework of Equality The Origins of Title IX Early Title IX Conflicts Title IX and Athletics Title IX Enforcement: A Continuing Controversy Other Gender Equity Policies in Education Women’s Educational Equity Act, 1974 Carl D. Perkins Vocational and Technical Education Act, 1984 Elementary and Secondary Education Act, 1994 Policies in the States Single-Sex Schools Women’s Studies Conclusion 6 Family Marriage Three Theories of Gender Roles in Marriage Who Can Marry Marital Name Domicile Interspousal Immunity Marital Support/Marital Services Contract/Marital Property Marital Support Marital Services Marital Property Systems Status of Women and Feminist Response Divorce Alimony Property Status of Women and Feminist Response Parental Rights and Responsibilities in—and after—Marriage Physical and Legal Custody Child Support Status of Women and Feminist Response Families without Marriage Property Rights Parental Rights and Responsibilities: Heterosexual Couples Parental Rights and Responsibilities: Same-Sex Couples Status of Women and Feminist Response Conclusion 7 Work and Pay Protective Legislation Muller v. Oregon Women’s Bureau Equality for Working Women Equal Pay Act of 1963: Equal Pay for Equal Work Title VII of the Civil Rights Act of 1964: Equal Employment Opportunity Executive Orders 11246 and 11375: Affirmative Action Implementation of EEO Laws Sex as a BFOQ Proving Sex Discrimination: Disparate Treatment and Disparate Impact Affirmative Action and Equality Equal Pay and Nondiscrimination in Compensation Overcoming the Wage Gap Improve Enforcement of Existing Laws Move Women into Better-paying Jobs Raise the Pay for “Women’s Jobs” Conclusion 8 Work and Family Pregnancy and Childbirth Maternity Protection Pregnancy as Disability: The Early Years Pregnancy as Disability: The Pregnancy Discrimination Act Maternity/Parental Leave Relief for the Sandwich Generation? Eldercare Child Care Child Development Act of 1971 Child Care Debates Continue Conclusion 9 Sexuality: Regulation Prostitution Criminalization of Prostitution Reform Efforts and Effects Prostitution as Sex Trafficking Pornography Pornography as Obscenity The Feminist Debate Online Pornography Lesbian Issues The Gay and Lesbian Movement Contemporary Issues Lesbians and Gays in the Military Protection against Discrimination Same-Sex Marriage Parental Rights Conclusion 10 Sexuality: Intimidation Rape Common Law of Rape Rape Law Reform Campus Sexual Assault Sexual Harassment Sexual Harassment and Assault in the Military Battered Women Violence Against Women Act New Definitions and Intersections Conclusion 11 Economic Status Feminization of Poverty Causes of Women’s Poverty Helping the Poor: Dependent Mothers Aid to Families with Dependent Children Welfare Reform Politics Family Support Act TANF Helping Waged Workers: Women’s Share Earned Income Tax Credit Unemployment Insurance and Job Training Retirement, Social Security, and Insurance Conclusion Bibliography Index In Women's Rights in the USA, Fourth Edition, Dorothy E. McBride again examines the policy debates critical to women in politics. Tracing the development of these debates over time in order to illustrate their historical context, McBride shows how these issues have evolved and how they have led to the policies and laws of today. She also examines the evolving attitudes of the feminists and advocacy groups behind these debates as they grapple with the tensions between the themes of equality and sex difference as they relate to women's rights. The book also looks at women's place in shaping the policies, statutes, and laws—from'liberal'activists to policy insiders—and how those roles shape the debates and issues that move forward today. In a broader context, by following these debates as they move through government institutions to become policies and laws, this book shows students the law-making process through issues that directly affect their lives. Of crucial significance is the acknowledgement that these debates do not end when court decisions, policies, and laws are made, but continue on to foster further movements, viewpoints, and political change. This fourth edition features updates on the most vital issues concerning women's rights today: constitutional equality, reproduction, education, family, work, work & family, regulation and intimidation of sexuality, and economic status. __Women's Rights in the USA__This text is a resource for the inquiry into women's rights politics and policies. It is a record of the changes in the major areas affecting gender roles and the status of women: constitutional law, political participation, reproduction, family law, education, work and pay, work and family, sexuality and economic status. It is more than a recital of laws, statutes and court decisions. The chapters focus on the development of the changes in debates over these issues and how the debates produce laws and provide the environment for their administration and interpretation. It also highlights the role, and impact, of feminists in the debates. Dorothy E. McBride is Professor Emerita of Political Science at Florida Atlantic University and co-convener of the Research Network on Gender Politics and the State. Her books include The Politics of State Feminism; Comparative State Feminism; Abortion in the United States: A Reference Handbook; and Abortion Politics, Women's Movements, and the Democratic State, among others