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Courts around the United States, at the federal and the state level, have continuously enforced gender separation over the past two centuries. ... Feminist scholars have taken a particular interest in the unfair treatment of the genders in the court system because, in my opinion, it is one of the roots, if not the main root of gender inequality in the United States. ... For this reason, some feminist scholars have focused on making changes in the court system in the area of gender separation with confidence that it will make a difference in the attitudes the court takes on each gender. ... Little is known by common men and women about gender seperatism in the court system and feminist scholarship is bringing much needed attention to it.
Gender separatism in the courts starts with the assumption that there are major differences biologically, physiologically, and psychologically between the sexes. ... More than a hand full of Supreme court cases have, over the years, enforced gender seperatism, surpression of women, and constantly came back to the notion of womens "inate fragility" being the reason for their inequality. Supreme Court Justices, the most prestigious and supposedly objective interpretters of the law and constitution in the United States, have been making sexist decisions demeaning women since the mid-1800s. In 1869, in a case where a woman was prohibited from entering the Bar Association because of an Illinois statute banning married women from entering the Bar, Justice Bradley wrote in his opinion that:
Women had a natural "destiny" based on "the law of the Creator," and that mission was to fulfil[sic] the noble and benign offices of wife and mother. ...
A case in 1971 was the first to strike down a law because it was gender discriminatory under the equal protection clause. ... In 1974 the court upheld a decision that there was no gender discrimination in the case of Geduldig v. ... The idea of gender discrmination is very hazy. ... Court decisions in these cases are ususally not based on gender discrimination, rather male aggressiveness and female vulnerability. The idea that the court doesnt see pregnancy as a disability is a reinforcement of gender seperation and cultural stereotypes.
Approximate Word count = 1803
Approximate Pages = 7.2
(250 words per page double spaced)
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