Womens Right (Equal Right Amendment) - Research Paper Example

?Women’s Liberation through the Equal Rights Amendment The enduring struggle of women for their emancipation and for the attainment of equality remains a significant portion of the history of humankind. The fervent effort to eradicate the patriarchal set-up of societies and the culture of machismo therein overwhelmed the female species throughout time. This synchronized and yet sporadic movement by women activists, suffragists and liberationists precipitated for the advent of an epic legal victory that resulted benefits that scores of generations of women have enjoyed. In this paper, the author will outline, examine and interpret the women’s rights movement in America. Of particular importance here is the creation and the many hindrances that the Equal Rights Amendment of the United States Constitution has confronted throughout the years. The aim of this scholarly treatise is not only to provide pertinent information regarding the women rights advocacy but also to demonstrate insightful ideas and recommendations for the now and the future. Historical Background In 1848, the first-ever Women’s Rights Convention was held in Seneca Falls, New York. Abolitionists Elizabeth Cady Stanton and Lucretia Mott spearheaded the two-day meeting of over 300 people who rallied for justice and equality for women who were institutionally restricted from the rights and privileges of a citizen. The said convention generated the Declaration of Sentiments among other eleven resolutions denouncing inequality and proposing suffrage. However, the nation was far from ready to seriously pay attention to the issue of women’s rights and thought that the call for justice was not only ridiculous but also a worthless endeavor (Becker 39). After the Civil War, while the constitutional reformation centered on giving freedom to the slaves, Susan B. Anthony and Sojourner Truth, as well as the already-veteran Stanton, fought for the legal ground of providing the same civil and political rights that men enjoy to the American woman. Citing the 14th and 15th Amendments of the Constitution that the right to vote shall not be deprived to citizens on basis of their race, color and previous states of servitude, these women freedom fighters underscored the obvious and utter neglect of women in the laws of the land (Whitney 57). In 1872 during the presidential election, Anthony cast her ballot in one of the poll precincts in New York invoking her right as a citizen as provided in the 14th Amendment. Her somehow rebellious act prompted her arrest, conviction and a penalty of $100, which she refused to pay. On the other hand, the Supreme Court decision in Minor versus Happersett (1875), pronounced that while women may be citizens, not all citizens are necessarily allowed to vote. Stanton, Mott, Anthony, Truth and the rest of the women abolitionists and suffragettes during the time passed their lifetime without experiencing the joys of participating in the political activities of the nation. Yet certainly, their monumental efforts were never put to waste. The Movement’s Gaining Momentum The past century saw the exponential increase of the number of women who joined in the workforce. This strong power base for women incited them to take part in the movement for social progress and reform, and eventually for a revived call for the right of suffrage. Staunch lobbying, frequent street marches, deliberate political boycotts, massive picketing at the White House and widespread civil obedience showed how serious the women during this period to achieve their impassioned goal to participate in the political affairs of the country and to cast their ballots. Millions of women collaborated to send their message to the national government, and most of them even went out of their way to lobby their causes in Congress. It was Carrie Chapman and the National American Woman Suffrage Association who emerged as leaders during this period of the American feminist movement. Although these demonstration strikes (proof that democracy was working in the American soil) were faced with attacks, arrests and imprisonment, the whole nation’s conscience was gradually inflamed, hence the support for women’s suffrage grew (Langley and Fox 22). Written by lawyer Alice Paul, one of the leading figures of the women suffrage women of that period, the Equal Rights Amendment became the testament of all these women’s longings and aspirations. Confronting several criticisms and objections from the government's right wing, business institutions and from women themselves who believed that the amendment would be detrimental to the family and would demand more from them than what their sex was only capable of, the 19th Amendment asserting the women’s right to vote stream-rolled in the House of Congress in 1919. Despite various obstacles and a threat of rescission, the said constitutional reform was successfully ratified. On August 26, 1920, the proclamation of the 19th Amendment was made by the White House immediately before breakfast, allegedly, to cut off any obstruction (Hoff-Wilson 169). After 72 years since the Seneca Falls convention, the battle by mainstream and militant suffragettes paid off and the specific written guarantee of women’s equal rights came to view. The constitutional assurance that the citizens’ right to vote shall never be denied or abridged by the federal government or by any state on account of sex was then promulgated (Berkeley 81). Achieving the success of their long-overdue prayers, however, women’s rights organizations and civil liberties movements did not simply disband and vanish. In fact, they then combined their considerable socio-political clouts and sought for further improvements in the living conditions of women across the country. Their prominence and influence can be noticed directly or indirectly in the multifarious legislative coups that envisioned helping the American woman. A Land Free of Discrimination Gone were the days when women were treated according to the English tradition and the adopted common law. Women could now vote, keep their wages and earn the custody of their children. Through the Equal Rights Amendment, women’s ‘second class treatment’ is now a thing of the past and the women's liberation is a tangible legacy of the countless women champions who took part in the movement. The vulnerabilities of women in the law that subject them to oppression, rejection and incapacitation have now been erased (hopefully). Therefore, the maxim ‘Equal Justice Under the Law’ is factually working (Lunardini 19). By the power of this constitutional provision, any government action that discriminates males or females as a category would be subjected to strict judicial examination and would have to pass the highest level of justification. In any event, additionally, all sorts of discrimination against sex or gender are punishable by law, in most states in the US. Equal job opportunity for both men and women is also safeguarded by this amendment. So, any refusal to hire, failure to promote and tendency to dismiss a person due to his or her sex or gender is a total violation in the context of the this American canon. In family legal disputes over child custody, women have already enjoyed the benefits of the amendment. Aside from the appropriate observance of sex-neutral language, courts of law have become fair and impartial in their trials as regard to the plights of the woman as a mother. The right to have a share on the conjugal properties of the woman’s partner has been guaranteed by most state regulations. Although the right to vote since 1920 only meant less political roles for women, it was not entirely the case as Jeannette Rankin of Montana was already elected member of the House of Representative. In 1932, Hattie Caraway of Arkansas was appointed in the Senate, and in 1933 elected in the same post. First women governors were Miriam Ferguson of Texas (1925-27 and 1933-35) and Nellie Tayloe Ross of Wyoming (1925-27). Senator Margaret Case Smith of Maine served her constituents for 24 years from 1949 until 1973. In 1968, Shirley Chrisholm of New York became the first black woman elected to the Congressional House (Davis 34). Moreover, despite these developments for the women’s rights advocacy, President John F. Kennedy, upon his founding of the Commission on the Status of Women (1963) chaired by the well-respected Eleanor Roosevelt, described the inequalities women faced in the dynamics of the nation’s economy. He cited the rampant discrimination and tolerance of abuses and resented the scheme of lesser pay for female workers, plainly because they were women. Thus, his Equal pay Act aimed at putting a stop to this bad practice. Consequently, the Civil Rights Act of 1964 added more safeguards to women’s rights in the workplace (Davis 53). Thus, paying a woman worker less of what she deserves to get became a criminal violation in the United States since that year. The early 1970’s also saw the vastness of political will and feminist stance of women serving in both chambers of the US Congress (Sneider 63). Their legislative agenda primarily focused on the needs of women and for their adequate protections. Laws such as the Greater Freedom in Reproductive Choice of 1973, Minimum Wage Protection for Domestic Workers of 1974, Prohibition against Discrimination of Pregnant Women in the Workplace of 1978, Child Support and Protection of Pension rights for Widows and Divorced Women of 1984, and the Protection against Violence of Women of 1994 served as the hallmarks of the women rights movement in the American contemporary history. Ultimately, it cannot be disputed that women liberation workers have never ceased in their zeal and spirit to ensure the greater welfare of their sisters. Women of Today in America It cannot be denied that the recent years noticed how much progress and advancement the American women have experienced since their liberation. The sectors of education, health, economic opportunities, family life and political empowerment seemed to have sided women to achieve their ‘American Dream.’ This situation is seen not only beneficial to women themselves but also to their families, communities, their workplaces and the nation in general. Recent statistics showed that American women have not only caught up with men when it comes to educational attainment and success, in fact they have taken the lead. However, it is somehow surprising that based on the average data, their incomes lag far behind (Van Dusen and Sheldon 108). The report further indicated that a significant difference of more or less 30 to 40 percent between the males’ income as higher compared with that of the females’ in corporate America (110). One of the reasons for this might be that women were subjected to low-paying jobs and remain clustered in less-promising occupations. Another impediment to the American working woman is the no-easy balancing act between household demands and workplace responsibilities. Generally, women with children may face the difficulty in handling their jobs seriously, or they might forgo the other in order to do well at least in one of the two aspects of living. Many high-achieving women have the tendencies to neglect their roles as mothers, thus breaking the family. This was also seen as a primary disadvantage for women in this age where greater expectations are burdened upon them (Wappett 121). This is as far as observations are concerned, yet problems of the family should never be only pointed one-way. Although mothers may spend less time with their children because of work, the husbands should also take their place in the household. What was intended by the previously-approved laws are now absent in the real family setting of America. In addition, the notion that women (married or most likely to get married) would not be permanent and dependable workers still lingers in this highly-industrialized nation. Discrimination against them in the workplaces is evident when most job applications are not entertained (Ruso and Jansen 22). Mostly in industries perceived to be reserved for men, it is considerably hard for women to enter and pull through. This is a very disappointing reality, when in fact another expert data suggested that a good number of married women continued on their jobs for several years and were not temporary and wandering workers (25). Since the 1970’s, married women accounted for almost half of the American workforce (Sneider 75). Nevertheless, it has also been noted that in the recent decade, women have already held top-level positions in most branches of the military. In government defense units and national security institutions, women were already admitted and at times serve as heads of the organization. The armed forces of the US have a great deal of women who were not only sent to foreign lands to fight in war but also to take administrative functions. Through the Equal Rights Amendment, a balanced access to the once male-dominated (and still now) military career ladders was opened to the American woman. This must be seen as a very positive development. On another negative note, however, according to the Bureau of Justice Statistics, more than three women were murdered by their husbands or their boyfriends in the country every day in the timeline of 1993 until 2001 (Van Dusen and Sheldon 115). Sexual violence against women is a big issue in this country. The Center for the Education of Women and the University of Michigan, in a collaborative study, also found out that women comprise 56 percent of Americans over 18 who live below the poverty line. It was inferred then that this circumstance must be largely due to an increased number of single mothers in the American household and/or the fact that men still are better workers than their female counterparts (116). Furthermore, lesbian couples and older women were documented to be among the poorest segments of the American society today. The above-mentioned information revealed how confusing and saddening reality is for the American woman. One data contradicts another. There is really a nil of clear-cut evidence and accurate manifestation of the real status of today’s American women. Although seeing Hillary Clinton confidently manages her turf, while Oprah Winfrey dominates the television world, one can only believe that the civil rights of women in America arrived at an extreme level and degree of empowerment. However, there is no room for generalization in this matter. A look at the average American household would tell that housewives remain wrapped in stress caused by both family responsibilities and income-generating occupations. While Oprah, Mrs. Obama, Condoleeza Rice are exceptions to the rule, there is no denying to the real situations of the black American women who are, for most instances, only hastened to the roles of motherhood and wifehood. Conclusion There have been numerous triumphs and successes made on behalf of the women’s liberation movement. The gains in the quest for equal opportunities in the country’s social, religious, academic, economic and political horizons favored the American women since the ratification of the Equal Rights Amendment. However, there is still quite a long way to go and there are still various problems to overcome. The American woman still has to continue the battle fought by her foremothers and has to uphold the ideals proffered by the pioneering feminists. She cannot forget the sacrifices made by those women who championed the civil rights for women movement in the earlier days of democracy in America and who ensured that the present generation would experience their much-cherished yet never-seen freedoms. Finally, despite the trials and hindrances that they face, American women should still be proud of their accomplishments. By rising above the challenge and by joining together with other women in the country, the female force will become more solid and recognizable. Through cohesive and proactive joint efforts, women of America will set the example and take the lead for the whole feminine world to follow. Works Cited Becker, Susan D. Origins of the Equal Rights Amendment. Westport, CT: Greenwood, 1981. Print. Berkeley, Kathleen C. The Women's Liberation Movement in America. Westport, CT: Greenwood, 1999. Print. Davis, Flora. Moving the Mountain: The Women's Movement in America since 1960. Chicago: University of Illinois, 1999. Print. Hoff-Wilson, Joan, ed. Rights of Passage: The Past and Future of the ERA. Bloomington: IN: Indiana UP, 1986. Print. Langley, Winston E., and Vivian C. Fox. Women's Rights in the United States: A Documentary History. Westport, CT: Praeger, 1994. Print. Lunardini, Christine A. Women's Rights. Phoenix, AZ: Oryx, 1996. Print. Russo, Nancy Felipe, and Mary A. Jansen. “Women, Work, and Disability: Opportunities and Challenges.” Women with Disabilities: Essays in Psychology, Culture and Politics. Eds. Michelle Fine and Adrienne Asch. Philadelphia: Temple UP, 1999. 229-243. Print. Sneider, Allison L. “White Women's Rights: The Radical Origins of Feminism in the United States.” Journal of Southern History 67.4 (2001): 60-83. Print. Van Dusen, Roxann A., and Eleanor B. Sheldon. “The Changing Status of American Women: A Life Cycle Perspective.” American Psychologist 31.2 (1996): 106-116. Print. Wappett, Matthew T. “Self-Determination and Disability Rights: Lessons from the Women's Movement.” Journal of Disability Policy Studies 13.2 (2002): 119-125. Print. Whitney, Sharon. The Equal Rights Amendments. New York, NY: Watts, 1984. Print. Read More