Treatment FAQ

"dissimilar treatment for men and women who are similarly situated"

by Mrs. Freda Rowe Published 2 years ago Updated 2 years ago

Who was the civil rights crusader who helped women?

We suggest that a comparison of Ginsburg with the great civil rights courtroom crusader, Thurgood Marshall, would help students link Ginsburg, and the overlooked history of her work for women’s rights, to history already taught in most schools: Marshall and his most famous court victory, Brown v. Board of Education (1954).

What was Thurgood Marshall's role in the Women's Movement?

Being called the Thurgood Marshall of the women’s movement resonated with Ginsburg since she admired and emulated his work as a legal strategist. She also reminds us that Marshall heroically endured threats she never faced: "He was my model as a lawyer … I took a step-by-step, incremental approach, well, that’s what Marshall did. He didn’t come to the Court on day one and say, ‘End apartheid in America.’ He started with law schools and universities, and until he had those building blocks, he didn’t ask the Court to end separate-but-equal. Of course, there was a huge difference between the litigation for gender equality in the ’70s and the civil rights struggles in the ’50s and ’60s. The difference between Thurgood Marshall and me, most notably, is that my life was never in danger. His was. He would go to a Southern town to defend people and he literally didn’t know whether he would be alive at the end of the day. [5]

Why is it important to ask students to decide for themselves whether Ginsburg should be considered the Thurgood Marshall of women'

Asking students to decide for themselves whether Ginsburg should be considered the Thurgood Marshall of women’s rights provides a way for them to dig into each Justice’s cases and strategies to make their arguments. Other questions related to the two great jurists have the potential to yield exciting historical discussions:

Who was the first woman to argue in front of the court?

Future Justice Ruth Bader Ginsburg, representing the ACLU as amicus curiae, was also permitted by the Court to argue in favor of Frontiero. It was her first time giving an oral argument in front of the court. At the time Ginsburg was only a legal advocate on behalf of women's rights.

What did Justice Powell say about deferring?

Second, Justice Powell wrote that "deferring" on this question was supported by the ongoing debate about over the Equal Rights Amendment which, if adopted, would resolve the question precisely and "represent the will of the people accomplished in the manner prescribed by the Constitution.".

Which case argued that Congress has wide latitude to create classifications that allocate noncontractural benefits under a social

We accept as settled the proposition argued by appellant that Congress has wide latitude to create classifications that allocate noncontractural benefits under a social welfare program. Weinberger v. Salfi, 422 U.S. 749, 776-777 (1975); Flemming v. Nestor, 363 U.S. 603, 609-610 (1960). It is generally the case, as said in Flemming v. Nestor, 363 U.S., at 611, that

Is 402 F a gender based distinction?

The gender-based distinction drawn by § 402 (f) (1) (D) -- burdening a widower but not a widow with the task of proving dependency upon the deceased spouse -- presents an equal protection question indistinguishable from that decided in Weinberger v. Wiesenfeld, supra. That decision and the decision in Frontiero v. Richardson, supra, plainly require affirmance of the judgment of the District Court. [4]

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