Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2021 In Search of Equality for Women: From Suffrage to Civil Rights Nan D. Hunter Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/2390 https://ssrn.com/abstract=3873451 Duquesne Law Review, Vol. 59, 125-166. This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Civil Rights and Discrimination Commons, Law and Gender Commons, Law and Race Commons, and the Sexuality and the Law Commons In Search of Equality for Women: From Suffrage to Civil Rights Nan D. Hunter* ABSTRACT This article analyzes women’s rights advocacy and its impact on evolutions in the meaning of gender equality during the period from the achievement of suffrage in 1920 until the 1964 Civil Rights Act. The primary lesson is that one cannot separate the conceptualiza- tion of equality or the jurisprudential philosophy underlying it from the dynamics and characteristics of the social movements that ac- tively give it life. Social movements identify the institutions and practices that will be challenged, which in turn determines which doctrinal issues will provide the raw material for jurisgenerative change. Without understanding a movement’s strategy and oppor- tunities for action, one cannot know why law developed as it did. This article also demonstrates that this phase of women’s rights advocacy comprised not one movement—as it is usually described— but three: the suffragists who turned to a campaign for an Equal Rights Amendment (ERA) after winning the Nineteenth Amend- ment; the organizations inside and outside the labor movement that prioritized the wellbeing of women workers in the industrial econ- omy; and the birth control movement.