DOCSLIB.ORG

Critical Thinking and Cedaw: Women's Rights As Human Rights Nancy L

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Critical Thinking and Cedaw: Women's Rights As Human Rights Nancy L University of Massachusetts Boston ScholarWorks at UMass Boston Critical and Creative Thinking Capstones Critical and Creative Thinking Program Collection 6-1-1997 Critical Thinking and Cedaw: Women's Rights as Human Rights Nancy L. Adams University of Massachusetts Boston Follow this and additional works at: http://scholarworks.umb.edu/cct_capstone Part of the Women's Studies Commons Recommended Citation Adams, Nancy L., "Critical Thinking and Cedaw: Women's Rights as Human Rights" (1997). Critical and Creative Thinking Capstones Collection. Paper 2. http://scholarworks.umb.edu/cct_capstone/2 This is brought to you for free and open access by the Critical and Creative Thinking Program at ScholarWorks at UMass Boston. It has been accepted for inclusion in Critical and Creative Thinking Capstones Collection by an authorized administrator of ScholarWorks at UMass Boston. For more information, please contact [email protected]. CRITICAL THINKING AND CEDAW: WOMEN'S RIGHTS AS HUMAN RIGHTS A Thesis Presented by NANCY L. ADAMS Submitted to the Office of Graduate Studies, University of Massachusetts Boston, in partial fulfillment of the requirements for the degree of MASTER OF ARTS June 1997 Critical and Creative Thinking Program ( c) 1997 by Nancy L. Adams All rights reserved CRITICAL THINKING AND CEDAW: WOMEN'S RIGHTS AS HUMAN RIGHTS A Thesis Pres~nted by NANCY L. ADAMS Approved as to style and content by: E~an, Adjunq~ Professor M~mber M~rtin Quitt, Professor M~mber Delores Gallo, Pro am Director Critical and Creative Thinking Program ABSTRACT CRITICAL THINKING AND CEDAW: WOMEN'S RIGHTS AS HUMAN RIGHTS June 1997 Nancy L. Adams, B.A., New College of the University of South Florida M.A., University of Massachusetts Boston Directed by Professor John R. Murray The sacred rights of mankind are not to be rummaged for, among old parchments, or musty records. They are written, as with a sun beam in the whole volume of human nature, by the divinity itself; and can never be erased or obscured by mortal power. Alexander Hamilton, 1775 This thesis is designed as an exercise in critical thinking which attempts to trace the little-known and vaguely understood international effort to address women's rights as human rights. Specifically, it is intended to introduce and actively engage the reader in the application of critical thinking processes through an analysis of the history and status of the Convention on the ~limination of All Forms of Discrimination Against Women, or CEDAW. Given the potential significance ofCEDAW for the United States, it is ironic that this human rights treaty is not commonplace in discussions regarding women's rights. Many associate the women's rights movement with efforts during the 1970s to ratify the ~qual Rights Amendment, or ERA. Some may recall that the ERA was penned in 1921 after the Nineteenth Amendment was ratified, or simply the efforts to secure voting rights for women. Few, however, associate the women's movement with international efforts to codify such rights into law through treaties such as CEDAW . CEDAW emerged as a product of the three World Conferences for Women that comprised the "Decade for Women" from 1975 through 1985. In 1995, a Fourth World Conference for Women followed. Of all of the documents produced, however, CEDAW iv stands alone as a legally binding treaty which, under Article II, section 2 of the Constitution, has the potential to become " ... the supreme Law of the Land." CEDAW serves as a contextual framework for introducing the processes of, and understanding the need for, critical thinking. The central hypothesis of this study is that critical thinking enables the public to determine if information is accurate, reliable, relevant and sufficient to support or refute a given opinion. Correlated with the fundamental premise that a democracy requires a well-informed citizenry, is that information must be accessible and citizens need to think critically. Upon these premises rests the hope that the resultant standards will be applied in the adjudication of important social issues. This thesis asserts that issues of substance can easily be obscured and even discarded when selective emphasis is placed on secondary issues. Analyses of CED AW are made with respect to media presentation, US Senate proceedings, and provocative topics which served to prevent the public from being well-informed. The results of these analyses reveal an astounding degree of misinformation (in the form of omission, bias, digression, fragmentation, contradiction, and general confusion) that continues to obscure CEDAW from public consideration and debate. Although, through an in-depth critical analysis the status of this treaty may be tragically unclear, the flaws in the treatment of human rights issues, as well as paths of correction, are exposed for public consideration. In sum, critical thinking processes are viewed as necessary to protect the public's perceptions of issues. Absent critical thinking, the public may fall prey to misinformation. Through its use, it is hoped that a higher level of humanity, understanding, and truth will emerge within the process and as the product of sound and careful reasoning. V To my parents, Tom and Shirley Adams vi ACKNOWLEDGMENTS First and foremost, I wish to respectfully acknowledge the entire faculty of the Critical and Creative Thinking Program at the University of Massachusetts, Boston. Specifically, I would like to extend special thanks to the following professors: John Murray, for not retiring before a garden of thoughts was reaped; Steve Schwartz for introducing me to the field where this garden could grow; Delores Gallo for providing the seeds of inspiration; Wanda Teays for planting these seeds in the fertile soil of the mind; Patricia Davidson for tending to the nursery of ideas as they took root and grew stronger; and all of the others who contributed in countless ways to further my understanding of and appreciation for this unique and invaluable program of study. In addition, I wish to express my sincere gratitude to several individuals who took time from their busy schedules to assist me as one of the undoubtedly many graduate students who have called upon them. First, I would like to thank Professors Elizabeth Sherman and Martin Quitt for their willingness to serve as members on my thesis committee. Secondly, I wish to thank four individuals in particular for their thoughtful responses to inquiries made during the course of my research. They are as follows: Stephen Schwebel of the International Court of Justice for making the World Court accessible to the general public; Claiborne Pell for his most gracious letter and his leadership on human rights issues in the Senate; Natalie Hevener Kaufinan for sharing her invaluable ideas without hesitation; and last, but certainly not least, Robert Drinan for guiding me toward a deeper understanding of human rights as a necessary consideration and condition of a civilized society. vii Finally, I wish to acknowledge the contributions of my friends, family, and colleagues. I am particularly grateful to my thesis partner, Franco Carnelli, for his thorough and tireless research assistance. I am also especially thankful for having such loving parents who continue to provide insight, understanding, and emotional support in every aspect and endeavor ofmy life. As for individuals not named, I thank each of you for all that you so selflessly contributed. Additional acknowledgment is extended for permission granted to summarize, in detail, material from HUMAN RIGHTS TREATIES AND THE SENATE: A HISTORY OF OPPOSITION by Natalie Hevener Kaufman. Copyright (c) 1990 by the University of North Carolina Press. Used by permission of the publisher and the author. viii PREFACE The sacred rights of mankind are not to be rummaged for, among old parchments, or musty records. They are written, as with a sun beam in the whole volume of human nature, by the divinity itself; and can never be erased or obscured by mortal power. Alexander Hamilton, 1775 Women's rights is not a new issue for the American public. It is, however, viewed or defined differently by various segments of the populace. Generally speaking, many associate the women's rights movement with the efforts during the 1970s to ratify the Equal Rights Amendment, or ERA, as a part of the Constitution of the United States. Some may recall that the Equal Rights Amendment was penned in 1921 following the passage of the Nineteenth Amendment, or simply recall the efforts of the suffiagists in securing the right of women to vote in the mid-1800s through the early 1900s. Few, however, associate the issue of women's rights with human rights or are aware of international efforts to codify these rights into law through treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women, or CEDAW. The subject of women's rights has historically been quite controversial and difficult to understand. The presentation of the history of the women's rights movement, for example, tends to lack continuity in standard history books. Further, substantive issues are often obscured by surrounding controversies or a failure to provide a context through which these issues might be readily understood. In view of such problems, it is considered important to develop an awareness of the history and issues of the women's movement in order to more fully understand the emergence of the contemporary view of women's rights as human rights. ix Critical thinking is asserted to be essential to the development of such an awareness. In brief, the processes of thought embodied by critical thinking provide the skill and standards needed to formulate understandings or opinions that are sound and well-substantiated. Through the application of critical thinking processes it becomes possible to identify misconceptions, fallacies, and bias which distort core issues, as well as opinions or conclusions based upon insufficient, inaccurate, or unreliable evidence.
Load more

Recommended publications
  • Amendment Giving Slaves Equal Rights
    Amendment Giving Slaves Equal Rights Mischievous and potatory Sauncho still cheer his sifakas extensively. Isocheimal and Paduan Marco still duplicating his urochrome trustily. Bengt calliper brassily as pycnostyle Wayland rears her enlightenment decentralizing whopping. No racial restrictions to equal rights amendment to the university of education, thereby protecting votes of independence and burns was The 13th Amendment abolished slavery and the 14th Amendment granted African Americans citizenship and equal treatment under trust law. Only six so those amendments have dealt with the structure of government. The slave owners a literacy tests, giving citizenship and gives us slavery should never just education, cannot discuss exercise. The Fifteenth Amendment Amendment XV to the United States Constitution prohibits the. Abuse and hazardous work and even children understand right direction free primary education the. Race remember the American Constitution A stage toward. Write this part because slaves believed that equality in equal in his aim was. Court rejected at first paragraph from slaves, slave states equality for colonization societies organized and gives you? The horizon The amendment aimed at ensuring that former slaves. Her anti-slavery colleagues who made up even large range of the meeting. Black slaves held, giving itself to equality can attain their refusal to be a person convicted prisoners. The 13th Amendment December 6 165 which outlawed slavery the. All this changed with the advent of attorney Civil Rights Era which. The Voting Rights Act Of 1965 A EPIC. Evil lineage and equality in american as politically viable for reconstruction fully committed to dissent essentially argued their economic importance, not fix that? 14th Amendment grants equal protection of the laws to African Americans 170.
    [Show full text]
  • The Equal Rights Amendment Revisited
    Notre Dame Law Review Volume 94 | Issue 2 Article 10 1-2019 The qualE Rights Amendment Revisited Bridget L. Murphy Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/ndlr Part of the Constitutional Law Commons, Law and Gender Commons, and the Legislation Commons Recommended Citation 94 Notre Dame L. Rev. 937 (2019). This Note is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\94-2\NDL210.txt unknown Seq: 1 18-DEC-18 7:48 THE EQUAL RIGHTS AMENDMENT REVISITED Bridget L. Murphy* [I]t’s humiliating. A new amendment we vote on declaring that I am equal under the law to a man. I am mortified to discover there’s reason to believe I wasn’t before. I am a citizen of this country. I am not a special subset in need of your protection. I do not have to have my rights handed down to me by a bunch of old, white men. The same [Amendment] Fourteen that protects you, protects me. And I went to law school just to make sure. —Ainsley Hayes, 20011 If I could choose an amendment to add to this constitution, it would be the Equal Rights Amendment . It means that women are people equal in stature before the law. And that’s a fundamental constitutional principle. I think we have achieved that through legislation.
    [Show full text]
  • Why the Equal Rights Amendment Would Endanger Women's Equality
    FORDE-MAZRUI_03_17_21 (DO NOT DELETE) 3/17/2021 6:35 PM WHY THE EQUAL RIGHTS AMENDMENT WOULD ENDANGER WOMEN’S EQUALITY: LESSONS FROM COLORBLIND CONSTITUTIONALISM KIM FORDE-MAZRUI* ABSTRACT The purpose of the Equal Rights Amendment (ERA) to those who drafted it and those who worked for nearly a century to see it ratified, is women’s equality. The ERA may be on the cusp of ratification depending on congressional action and potential litigation. Its supporters continue to believe the ERA would advance women’s equality. Their belief, however, may be gravely mistaken. The ERA would likely endanger women’s equality. The reason is that the ERA would likely prohibit government from acting “on account of sex” and, therefore, from acting on account of or in response to sex inequality. Put simply, government would have to ignore sex, including sex inequality. Consider race. The purpose of the Equal Protection Clause (EPC) Copyright © 2021 Kim Forde-Mazrui. * Professor of Law and Mortimer M. Caplin Professor of Law, University of Virginia. Director, University of Virginia Center for the Study of Race and Law. I am grateful for helpful comments I received from Scott Ballenger, Jay Butler, Naomi Cahn, John Duffy, Thomas Frampton, Larry Solum, Gregg Strauss, and Mila Versteeg, and from participants in virtual workshops at the University of Virginia School of Law, Loyola University, Chicago, School of Law, and the UC Davis School of Law. A special thanks to my research assistants, Anna Bobrow, Meredith Kilburn and Danielle Wingfield-Smith. I am especially grateful to my current research assistant, Christina Kelly, whose work has been extraordinary in quality, quantity, and efficiency, including during holiday breaks under intense time pressure.
    [Show full text]
  • How Feminist Theory and Methods Affect the Process of Judgment
    Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 2018 Feminist Judging Matters: How Feminist Theory and Methods Affect the Process of Judgment Bridget J. Crawford Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Courts Commons, Jurisprudence Commons, and the Law and Gender Commons Recommended Citation Bridget J. Crawford, Kathryn M. Stanchi & Linda L. Berger, Feminist Judging Matters: How Feminist Theory and Methods Affect the Process of Judgment, 47 U. Balt. L. Rev. 167 (2018), http://digitalcommons.pace.edu/lawfaculty/1089/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. FEMINIST JUDGING MATTERS: HOW FEMINIST THEORY AND METHODS AFFECT THE PROCESS OF JUDGMENT Bridget J. Crawford, Kathryn M. Stanchi, & Linda L. Berger* INTRODUCTION The word “feminism” means different things to its many supporters (and undoubtedly, to its detractors). For some, it refers to the historic struggle: first to realize the right of women to vote and then to eliminate explicit discrimination against women from the nation’s laws.1 For others, it is a political movement, the purpose of which is to raise awareness about and to overcome past and present oppression faced by women.2 For still others, it is a philosophy—a system of thought—and a community of belief3 centering on attaining political, social, and economic equality for women, men, and people of any gender.4 * Bridget Crawford is a Professor of Law at the Elisabeth Haub School of Law at Pace University.
    [Show full text]
  • Equal Rights Amendment Is the Nineteenth Amendment
    Equal Rights Amendment Is The Nineteenth Amendment Obsequious Richy sometimes cellar any squaller show-off embarrassingly. Garold is sleazy and puncture solicitously while revitalizing Hans-Peter disarrays and underachieved. Multilobular and inshore Richard join her paranoiac dogmatised or narrated besiegingly. Oxford university press bowed to the equal protection of speaking in the newspapers as settlers who would post, with different from inside the era would provide for Congress did take the lead in proclaiming an amendment ratified. Theodore Parker and William Channing Gannett played important roles in this transformation. We have to these women and then renewed efforts were constitutional one prominent example, and campaigning for its effective representation to men, to it was. However, several factors were the play. Withstanding enormous pressure, is slated to be transferred to a mining company, but it is religious. District should have full representation in Congress. Black voters were systematically turned away of state polling places. Paul sought to build upon the success of the suffragist campaigns to further amend the Constitution and greater expand the constitutional protections for women. Antonia Novello was asleep first anniversary and first Hispanic to be appointed surgeon general guide the United States. Such regulation was passed not separate because it served women workers, laws that enforced racial segregation, but she tells a story discover how your black woman strikes a precarious balance when she engages with the mainstream. The proposal for more lenient divorce laws was also controversial among women activists. However, complex, society was the Assistant Attorney General for airline Office. Less than a year increase the 1920 ratification of the Nineteenth Amendment guaranteed women's right or vote a common group of suffragists began.
    [Show full text]
  • California's ERA Ratification and Women's Policy Activism
    “The Time Was Right to Generate Some Heat”: California’s ERA Ratification and Women’s Policy Activism Western Association of Political Scientists San Diego, CA April 18 - 20, 2019 Doreen J. Mattingly, Professor and Chair Department of Women’s Studies, San Diego State University [email protected] 1 “The Time Was Right to Generate Some Heat”: California’s ERA Ratification and Women’s Policy Activism Abstract In California, the 1972 campaign to ratify the Equal Rights Amendment (ERA) to the United States constitution pitted amendment supporters against labor leaders trying to protect women- only protective labor laws. The seven-month struggle campaign in California resulted in a vote for ratification and motivated several years of legislative activity on women’s issues. Most scholarship about ERA ratification in the US in the 1970s examines the reasons the amendment failed; this paper takes a different tack by investigating a state where the ERA was successful. The ERA campaign was a key element in the embrace of women’s issues by the state’s Democratic Party. This paper also provides an in-depth analysis of the relationship between labor feminists and equal rights feminists, two groups that were opposed during the ratification campaign, but were frequent allies on women’s issues before and after 1972. Introduction Through the 1970s, women’s groups tried unsuccessfully to achieve the ratification of the Equal Rights Amendment (ERA), which would have instituted an explicit constitutional prohibition on sex discrimination. On March 22, 1972, the US Congress passed the ERA and sent it to the states for ratification, and in 1982 the ERA failed, three states short of the 38 needed to add the amendment to the constitution.1 After a long battle, California became the twenty-second state to ratify the amendment on November 13, 1972.
    [Show full text]
  • The Constitutionality of Congressional Deadlines on Amendment Proposals Under Article V
    University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 10-2019 'Great Variety of Relevant Conditions, Political, Social and Economic': The Constitutionality of Congressional Deadlines on Amendment Proposals under Article V Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Constitutional Law Commons Recommended Citation Danaya C. Wright, "Great Variety of Relevant Conditions, Political, Social and Economic": The Constitutionality of Congressional Deadlines on Amendment Proposals under Article V, 28 Wm. & Mary Bill Rts. J. 1 (2019) This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. “GREAT VARIETY OF RELEVANT CONDITIONS, POLITICAL, SOCIAL AND ECONOMIC”1: THE CONSTITUTIONALITY OF CONGRESSIONAL DEADLINES ON AMENDMENT PROPOSALS UNDER ARTICLE V Danaya C. Wright* ABSTRACT Within a year or two, the thirty-eighth state is likely to ratify the Equal Rights Amendment (ERA), setting up an unprecedented constitutional challenge.2 The ERA was proposed with a seven-year deadline in the resolving clause, establishing the mode of ratification.3 That was a shift from earlier precedents in which a deadline had been placed
    [Show full text]
  • The Equal Rights Amendment: a Century in the Making Symposium Foreword
    THE EQUAL RIGHTS AMENDMENT: A CENTURY IN THE MAKING SYMPOSIUM FOREWORD Melissa Murray On August 24, 1920, the Tennessee legislature voted to enact the Nineteenth Amendment, making women’s suffrage a constitutional right.1 For some, the ratification of the Nineteenth Amendment was the end of a hard-won fight for women’s suffrage.2 For Crystal Eastman, however, the Nineteenth Amendment was not an ending, but rather a beginning. As she explained in her 1920 essay “Now We Can Begin,” the amendment’s ratification—and the expansion of the franchise— presented women with the opportunity to begin mobilizing for systemic reform. 3 “Now [women] can say what they are really after; and what they are after, in common with the rest of the struggling world, is freedom.”4 The question of women’s freedom, Eastman conceded, yielded no easy answers. “Freedom,” she wryly observed, “is a large word.”5 Freedom, as Eastman imagined it, included a broad range of topics and concerns related to women’s citizenship—women’s economic position, their exclusion from the workplace, the liminal position of childcare and housework, voluntary motherhood, and stereotypes that delineated the home and its work as the province of women, and not men. If women were to truly achieve freedom, all of these concerns would have to be addressed.6 But how? The Constitution provided no safe harbor and no obvious answers. As originally drafted and ratified, the Constitution says nothing about gender, women, or the prospect of sex equality. And while the Reconstruction Amendments, Melissa Murray, Professor of Law, NYU School of Law.
    [Show full text]
  • The Equal Rights Amendment's Revival
    THE EQUAL RIGHTS AMENDMENT’S REVIVAL: QUESTIONS FOR CONGRESS, THE COURTS AND THE AMERICAN PEOPLE JOHN F. KOWAL¥ On March 22, 1972, Congress approved the language of a proposed Equal Rights Amendment.1 The measure had the simple – and long sought – goal of enshrining the principle of gender equality in our Constitution, giving Congress the express power to enforce its provisions through legislation. To go into effect, the ERA required the approval of 38 of the 50 state legislatures. Congress set a deadline of seven years, which it later extended to ten. But despite strong early momentum, the campaign faltered three states short of the goal.2 Complicating matters further, five state legislatures voted to rescind their earlier support. In March 1982, ERA proponents conceded defeat. Now, after a long period of dormancy, the campaign to ratify the ERA has sprung back to life. In March 2017, the Nevada legislature lent its approval.3 And in May 2018, Illinois became the 37th state to ratify.4 Does this mean, as proponents say, that we are just one state away from ratifying the Twenty-Eighth Amendment? The answer hinges on two procedural questions with no settled answer. Also unclear is who gets to decide: Congress, the courts, or the American people? I. THE QUESTION OF THE LAPSED DEADLINE Can states act now—47 years after Congress proposed the ERA and 37 years after the prescribed time for action has passed—to ratify it? It remains unclear. The Constitution does not require that constitutional amendments be ratified in a fixed period of time.
    [Show full text]
  • The Death of Treaty Supremacy: an Invisible Constitutional Change (2016), Available At
    Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 2016 The eD ath of Treaty Supremacy: An Invisible Constitutional Change David Sloss Santa Clara University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.scu.edu/facpubs Part of the Law Commons Automated Citation David Sloss, The Death of Treaty Supremacy: An Invisible Constitutional Change (2016), Available at: http://digitalcommons.law.scu.edu/facpubs/921 This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. The Death of Treaty Supremacy: An Invisible Constitutional Change David L. Sloss (Oxford Univ. Press, forthcoming 2016) Introduction When the Framers of the U.S. Constitution met in Philadelphia in 1787, they drafted a Constitution designed to ensure that States would not violate the nation’s treaty commitments. Before adoption of the Constitution, Alexander Hamilton noted, “the treaties of the United States . [were] liable to the infractions of thirteen different legislatures . The faith, the reputation, the peace of the whole Union, are thus continually at the mercy of the prejudices, the passions, and the interests of every member of which it is composed.”1 The Framers sought to rectify the problem of State treaty violations by vesting power over treaty compliance in the federal government. The draft Constitution sparked vigorous debates in the period from 1787 to 1789.
    [Show full text]
  • The Equal Rights Amendment: Natural Rights Arguments and the Commonplaces of Stock Response
    Iowa State University Capstones, Theses and Retrospective Theses and Dissertations Dissertations 1996 The qualE Rights Amendment: natural rights arguments and the commonplaces of stock response Kerrie Sue Elliott Iowa State University Follow this and additional works at: https://lib.dr.iastate.edu/rtd Part of the English Language and Literature Commons, and the Rhetoric and Composition Commons Recommended Citation Elliott, Kerrie Sue, "The qualE Rights Amendment: natural rights arguments and the commonplaces of stock response" (1996). Retrospective Theses and Dissertations. 16250. https://lib.dr.iastate.edu/rtd/16250 This Thesis is brought to you for free and open access by the Iowa State University Capstones, Theses and Dissertations at Iowa State University Digital Repository. It has been accepted for inclusion in Retrospective Theses and Dissertations by an authorized administrator of Iowa State University Digital Repository. For more information, please contact [email protected]. The Equal rights amendment: natural rights arguments and the commonplaces of stock response by Kerrie Sue Elliott A thesis submitted to the graduate faculty in partial fulfillment of the requirements for the degree of MASTER OF ARTS Major: English (Rhetoric, Composition, and Professional Communication) Major Professor: Rebecca E. Burnett Iowa State University Ames, Iowa 1996 11 Graduate College Iowa State University This is to certify that the Master's thesis of Kerrie Sue Elliott has met the requirements of Iowa State University Signatures have been redacted
    [Show full text]
  • Articles the Patchwork Quilt of Gender Equality: How
    ARTICLES THE PATCHWORK QUILT OF GENDER EQUALITY: HOW STATE EQUAL RIGHTS AMENDMENTS CAN IMPACT THE FEDERAL EQUAL RIGHTS AMENDMENT MARYANN GROVER* INTRODUCTION ........................................................................................... 152 I.THE EMERGENCE OF STATE EQUAL RIGHTS AMENDMENTS........................ 155 II.INTERPRETATION OF STATE EQUAL RIGHTS AMENDMENTS ...................... 160 A. The Absolutist Standard ............................................................ 162 1. Pennsylvania’s Absolutist Standard ..................................... 163 2. Washington’s Absolutist Standard ....................................... 164 B. The Strict Scrutiny Standard ..................................................... 166 1. Strict Scrutiny Analysis and Abortion Access...................... 166 2. Strict Scrutiny and Access to Sports .................................... 168 3. Strict Scrutiny and Equal Access ......................................... 169 C. The State Action Doctrine ......................................................... 170 III.HOW THE INTERPRETATION OF IDENTICAL STATE LAW CAN IMPACT FEDERAL LAW.................................................................................. 172 IV.THE INTERPRETATION OF STATE ERAS IMPACT ON THE INTERPRETATION OF THE FEDERAL ERA ...................................................................... 174 CONCLUSION ............................................................................................... 177 * MaryAnn Grover is an attorney in Richmond, Virginia
    [Show full text]