Gender and Our Judicial System Essay -- Law

The ambiguous language and aim of the constitution has allowed for numerous interpretations of the law. There have been several instances, where our limited perception and interpretation of the constitution has warranted change due to cases that do not fit the ruling party’s ideology of equality. In those cases, we amended our constitution and included clear diction to award rights to those subjected to subordination, so in going forward a clear distinction would not allow room for interpretations that perpetuated further discrimination. Over the course of history, we have followed this path to incorporate our societies changing paradigm that was dissimilar to our founding fathers’. Interestingly so, the rights they deemed as inalienable are the ones that have required a clear distinction in order for them to apply to all. The Equal Rights Amendment (ERA) is a necessary requirement for women as well as others who are subject to sex-based discrimination. Although the rights of women are somewhat protected by the constitution, without the clear diction of the ERA, those who face this type of discrimination, are left in a precarious position. The passage of the ERA would necessitate pragmatic consequences in judicial equality, highlight the pervasiveness of modern inequality, and enact change in society’s paradigm of equality. The loose interpretation of the notion of gender in our judicial system is subject to filtration through outdated ideologies, stereotypes, and gender bias. As the law currently stands, the interpretation of cases that involve gender or sexual discrimination are filtered through constitutional acts or amendments that only partially protect. An example of this partial protection would be the 14th amendment. T... ...122). Macmillan General Reference. Sexism in language. (n.d.). Retrieved from http://www.upou.edu.ph/gender/gender_fair. Lithwick, D. (2011, June 20). Class dismissed. Retrieved from http://www.slate.com/articles/news_and_politics/jurisprudence/2011/06/class_dismissed.html Terkel, A. (2011). Scalia: Women don't have constitutional protection against discrimination. Huffington Post, Retrieved from http://www.huffingtonpost.com/2011/01/03/scalia-women-discrimination-constitution_n_803813.html Cotter, D., Hermsen, J., Ovadia, S., & Vanneman, R. (2001). The glass ceiling effect. Informally published manuscript, University of North Carolina, North Carolina. Retrieved from http://www.bsos.umd.edu/socy/vanneman/papers/CotterHOV01.pdf Wood, J. T. (2008). Gendered lives, communication, gender, and culture. (8th ed.). Wadsworth Pub Co. U.S. Const. amend. XIV, Â § 1