This document discusses women's rights and abortion related Supreme Court cases and concepts. It begins with asking questions about arguments in the decision to legalize abortion and the extent of government involvement. It then reviews laws treating women unfairly and court reconsidering the constitution in the 1970s. Key cases mentioned include Roe v. Wade which struck down Texas abortion laws, and Rostker v. Goldberg which allowed women in combat roles but not drafting. It discusses views on when human life begins and supporters seeing the right to choose versus right to life. It concludes that government involvement should be limited and prohibiting based on religion is unacceptable.
2. QuestionsWhat are the arguments in the Supreme Court’s decision to legalize abortion? What should be the extent of government involvement in regards to abortion? Discuss the concepts and the cases involved in the abortion/right-to-life issue.
3. “Don’t hate…”Laws treated women unfairly1970 Court had to reconsider the ConstitutionChose between two standardsReasonablenessMust consider a reason for mistreatment of minorityStrict scrutinySafAdopted both standards
4. “…discriminate”Civil Rights Act of 1964Banned sex discrimination in firing, hiring, compensation of employees.Civil Rights Act of 1972Banned sex discrimination in local education programsStates couldn’t set differences at which men and women legally become adultsCannot fire for pregnancy reasonsMust pay monthly retirement equal to men, even if they live longer
5. Rostker v. Goldberg1981Women to be barred from combat rollsMen required to register for draft not womanWomen capable of defense opened air and sea combat positionsWoman refrained from ground combat rolls
6. “Hey kiddo… wants some candy?”Two forms of sexual harassmentsRequesting sexual favors in condition of promotingEx. I have with you, you give me candyStrictly liableWorking in a sexually offending environmentEx. Having posters of Miley Cyrus in a bikini on every wallLiable unless careless
7. "to be, or not to be"Until 1973, it was States rights whether the mother was in power of having the baby or notNew York was for abortion during first twenty-four weeksTexas was against, unless life threatening to motherSouth Dakota simply said…
8. Roe v. WadeCase of Roe v. Wade (1973)Carried out with a seven-to-two voteStruck down Texas and other similar state lawsAbort before conceptionFirst trimester – OKSecond trimester – REGULATEDFinal trimester - BAN
9. “That’s wickidy, wickidy wack”Fourteenth Amendment – Equal Protection“It is a constitutional liberty of the woman to have some freedom to terminate her pregnancy… No state may prohibit a woman from terminating her pregnancy” before the fetus becomes “viable”
10. “Even more wickidywack”Argued the decision of when human life beganConceptionMoment of birthSomewhere in betweenCourt decided conceptionEntitled to the 14th amendment
11. “You’re such a meany!”Supporters of the Court’s decision saw differentlyDecided no one can decide when human life beganWoman is entitled to choose to have the baby or notPeople began to use slogans“Right to life”“Pro-life”“Right to choose”
12. “Don’t trip, we got this”Extent of government should be limited to the State at mostReasonPeople should have the right of choiceCourts shouldn’t decide when life beginsProhibiting based on religion is “wickidy, wickidy, wack”