I. Constitutional law A. Background: 100 years of discrimination > theme: law responding to gender discrepancies 1) Should men & women ever be treated differently under the law? a. Definition of equality: = choice/power/income i. Pay gap: women earn $0.74 for every $1.00 a man earns b. Linda Hershman article, Homeward Bound: Many educated & intelligent women decide to stay home with their babies > those decisions are connected to the fact that women are paid less than men, in general c. Evolution in law i. Common law (blackstone): women lost their identity after marriage (merged with husband) & considered inferior to men (acted under husband) - Result: Tenants in the entirety or joint accounts > assumed man put in all the $ (women has BOP to prove otherwise) ii. After 14th amendment > women began to feel that they should have rights as well B. 19th Century: 2 sphere ideology where women queen of home & men marketplace people > no = protection because genders seperaet 1) Privileges and Immunities Clause of the 14th amendment - a. Bradwell v. Illinois (1873) i. FACTS: Bradwell and her husband ran the most influential legal paper in the Midwest & she wanted a license to practice law > was denied to her on the basis of the fact that she was a woman ii. CLAIM: P & I Clause gives the right to earn a living to all American citizens iii. NOTE: EPC not really used for these arguments because men and women were so separately situated iv. HELD: claim was denied (cited Slaughterhouse cases 1872 which
