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Timeline of women's legal rights in the United States (other than voting)

August 22, 2023

For a global timeline of women's rights other than voting, see Timeline of women's legal rights (other than voting). For a timeline of women's voting rights in the United States, see Timeline of women's suffrage in the United States.

The following timeline represents formal legal changes and reforms regarding women's rights in the United States except voting rights. It includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents.

Before the 19th century

1641
1662
  • The Virginia colony passes a law incorporating the principle of partus sequitur ventrem, ruling that children of enslaved mothers would be born into slavery, regardless of their father's race or status.[2]
1664
  • Maryland declares that any Englishwoman who married a slave had to live as a slave of her husband's master.[3]
1718
  • Province of Pennsylvania (now U.S. state of Pennsylvania): Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]

19th century

See also: Sterilization law in the United States
1820–1900
1821
  • Maine: Married women were given the right to own and manage property in their own name during the incapacity of their spouse.[4]
1827
  • Illinois: A law prohibits the sale of drugs that could induce abortions,[6] classifying those medications as "poison".[7] It was the first in the nation to impose criminal penalties in connection with abortion before quickening.[8]
  • New York: The first statute to criminalize abortion in the state is enacted. It made post-quickening abortions a felony and pre-quickening abortions a misdemeanor.[8][9]
1835
  • Arkansas: Married women are given the right to own (but not control) property in their own name.[4]
  • Massachusetts: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
  • Tennessee: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
1839
1840
  • Maine: Married women are given the right to own (but not control) property in their own name.[4]
1841
  • Maryland: Married women are given the right to own (but not control) property in their own name.[4]
1842
  • New Hampshire: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
1843
  • Kentucky: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
1844
  • Maine: Married women are granted separate economy and trade licenses.[4]
  • Massachusetts: Married women are granted separate economy.[11]
1845
  • New York: Married women are granted patent rights.[4] The state also passes a statute that proclaimed women who had abortions could be given a prison sentence of three months to a year. It was one of the few states at the time to have laws punishing women for getting abortions.[8]
  • Florida: Married women are given the right to own (but not control) property in their own name.[4]
1846
  • Alabama: Married women are given the right to own (but not control) property in their own name.[4]
  • Kentucky: Married women are given the right to own (but not control) property in their own name.[4]
  • Ohio: Married women are given the right to own (but not control) property in their own name.[4]
  • Michigan: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
1848
  • New York: Married Women's Property Act grants married women separate economy.[12]
  • Pennsylvania: Married women are granted separate economy.[4]
  • Rhode Island: Married women are granted separate economy.[4]
1849
  • Alabama: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
  • Connecticut: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
  • Missouri: Married women are given the right to own (but not control) property in their own name.[4]
  • South Carolina: Married women are given the right to own (but not control) property in their own name.[4]

1850–1874

1850
  • California: Married Women's Property Act grants married women separate economy.[13]
  • Wisconsin: Married Women's Property Act grants married women separate economy.[13]
  • Oregon: Unmarried women are given the right to own land.[14]
  • Tennessee becomes the first state in the United States to explicitly outlaw wife beating.[15][16]
1852
  • New Jersey: Married women are granted separate economy.[11]
  • Indiana: Married women are given the right to own (but not control) property in their own name.[4]
  • Wisconsin: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
1854
  • Massachusetts: Married women are granted separate economy.[13]
1855
  • Michigan: Married women are granted separate economy.[17]
1856
  • Connecticut: Married women are granted patent rights.[4]
1857
  • Maine: Married women are granted the right to control their own earnings.[11]
  • Oregon: Married women are given the right to own (but not control) property in their own name.[4]
  • Oregon: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
1859
  • Kansas: Married Women's Property Act grants married women separate economy.[13]
1860
  • New York's Married Women's Property Act of 1860 passes.[18] Married women are granted the right to control their own earnings.[11]
  • Maryland: Married women are granted separate economy, the right to control their earnings, and trade licenses.[4]
1861
  • Illinois: Married women are granted separate economy and control over their earnings.[4]
  • Ohio: Married women are granted separate economy and control over their earnings.[4]
1862
  • New York's Married Women's Property Act of 1860 is amended so that women lost equal guardianship of their children, and only had veto power over decisions on apprenticeship and the appointment of testamentary guardians. Parts of the act that made husbands and wives equal in realty in cases of intestacy were overturned.[18]
1864
  • North Carolina: The Supreme Court of North Carolina decides, in the case State v. Black, that "[a] husband cannot be convicted of a battery on his wife unless he inflicts a permanent injury or uses such excessive violence or cruelty as indicates malignity or vindictiveness; and it makes no difference that the husband and wife are living separate by agreement."[19]
1865
  • Louisiana: Married women are given the right to own and manage property in their own name during the incapacity of their spouse.[4]
1867
  • Illinois: In 1867, the state passes the Bill for the Protection of Personal Liberty, which guaranteed all people accused of insanity, including wives, had the right to a public hearing.[20] It also passes a bill that made abortion and attempted abortion a criminal offense.[21][6]
  • Alabama: Married women are granted separate economy.[4]
  • New Hampshire: Married women are granted separate economy.[4]
1868
  • North Carolina: Married women are granted separate economy.[4]
  • Arkansas: Married women are granted trade licenses.[4]
  • Kansas: Married women are granted separate economy, trade licenses, and control over their earnings.[4]
  • South Carolina: Married women were given the right to own (but not control) property in their own name.[4]
  • Georgia: Married women were given the right to own (but not control) property in their own name.[4]
  • New York City: Susannah Lattin's death led to an investigation that resulted in the regulation of maternity clinics and adoptions in New York City.[22][23]
1869
  • Minnesota: Married women were granted separate economy.[4]
  • Georgia: Married women were granted separate economy.[24]
  • South Carolina: Married women are granted separate economy and trade licenses.[4]
  • Tennessee: Married women are granted separate economy.[4]
  • Iowa: Married women are granted control over their earnings.[4]
  • Illinois and Massachusetts: Legislation passed in both states allow married women equal rights to property and custody of their children.[25]
Circa 1870
  • Illinois passes another law banning the sale of drugs that could cause induced abortions, allowing an exception for "the written prescription of some well-known and respectable practicing physician".[7]
1870
  • Wyoming Territory: Justice Howe gives women the rights to sit on a jury.[26] The first woman to serve on a jury was Eliza Stewart Boyd.[27]
1871
  • Mississippi: Married women are granted separate economy, trade licenses, and control over their earnings.[4]
  • Arizona: Married women are granted separate economy.[4]
  • Arizona: Married women are granted trade license.[4]
1872
  • New York: The state makes it a penalty to perform an abortion, with a criminal sentence of between 4 and 20 years in prison.[8]
  • Pennsylvania: Married women are granted control over their earnings.[4]
  • California: Married women are granted separate economy.[4]
  • Montana: Married women are granted separate economy.[4]
  • California: Married women are granted trade license.[4]
  • California: Married women are granted control over their earnings.[4]
  • Wisconsin: Married women are granted control over their earnings.[4]
1873
  • Arkansas: Married women are granted separate economy and control over their earnings.[4]
  • Kentucky: Married women are granted separate economy and trade licenses.[4]
  • North Carolina: Married women are granted control over their earnings.[4]
  • Delaware: Married women are granted control over their earnings.[4]
  • Iowa: Married women are granted separate economy.[4]
  • Nevada: Married women are granted separate economy, trade licenses, and control over their earnings.[4]
  • Iowa: Married women are granted trade license.[4]
  • The Comstock Law was a federal act passed by the United States Congress on March 3 as the Act for the "Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use". The Act criminalized usage of the U.S. Postal Service to send any of the following items:[28]
In places like Washington D.C., where the federal government had direct jurisdiction, the act also made it a misdemeanor, punishable by fine and imprisonment, to sell, give away, or have in possession any "obscene" publication.[28] Half of the states passed similar anti-obscenity statutes that also banned possession and sale of obscene materials, including contraceptives.[29]
The law was named after its chief proponent, Anthony Comstock. Due to his own personal enforcement of the law during its early days, Comstock received a commission from the postmaster general to serve as a special agent for the U.S. Postal Services.[28]
1874
  • Massachusetts: Married women are granted control over their earnings.[4]
  • New Jersey: Married women are granted control over their earnings and trade licenses.[4]
  • Rhode Island: Married women are granted control over their earnings.[4]
  • Colorado: Married women are granted separate economy, trade licenses, and control over their earnings.[4]
  • Illinois: Married women are granted trade license.[4]
  • Minnesota: Married women are granted trade license.[4]
  • Montana: Married women are granted control over their earnings and trade licenses.[4]

1875–1899

1875
  • The Page Act of 1875 is the first restrictive federal immigration law in the United States, and effectively prohibited the entry of Chinese women, marking the end of open borders.[31] The law technically barred immigrants considered "undesirable",[32] defining this as a person from East Asia who was coming to the United States to be a forced laborer, any East Asian woman who would engage in prostitution, and all people considered to be convicts in their own country. Only the ban on female East Asian immigrants was effectively and heavily enforced, and it proved to be a barrier for all East Asian women trying to immigrate, especially Chinese women.[33] The act was later repealed.
  • New Hampshire: Married women are granted trade licenses.[4]
  • Wyoming: Married women are granted separate economy, control over their earnings, and trade licenses.[4]
1877
  • Connecticut: Married women are granted control over their earnings and trade licenses.[4]
  • Dakota: Married women are granted separate economy, control over their earnings, and trade licenses.[4]
  • Wisconsin: On March 22, state legislature enacts a law that prohibited courts from denying admission to the bar on the basis of sex. The bill was drafted by Lavinia Goodell and she worked with Speaker of the Wisconsin State Assembly John B. Cassoday for it to pass.[34][35]
1878
  • Virginia: Married women are granted separate economy.[4]
1879
  • Indiana: Married women are granted separate economy and control over their earnings.[4]
  • California: "A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin."[36][non-primary source needed]
  • A law was enacted allowing qualified female attorneys to practice in any federal court in the United States.[37]
1880
  • The case Miles v. United States establishes that a second wife may testify as to her husband's bigamy because their marriage is not de jure.[38]
  • Oregon: Married women were granted trade licenses and control over their earnings.[4]
1881
  • Vermont: Married women were granted separate economy and trade licenses.[4]
  • Nebraska: Married women granted separate economy, trade licenses, and control over their earnings.[4]
  • Florida: Married women were given the right to own and manage property in their own name during the incapacity of their spouse.[4]
1882
1883
  • Washington Territory: Women are granted jury service rights.[40][41]
1887
  • Washington Territory: Women's jury service rights are rescinded due to a change in the territory's Supreme Court.[40][41]
  • Idaho: Married women are granted separate economy and trade licenses.[4]
  • The Edmunds–Tucker Act disincorporates both the Church of Latter-Day Saints and the Perpetual Emigration Fund on the grounds that they foster polygamy. It prohibits the practice of polygamy and punishes it with a fine of from $500 to $800 and imprisonment of up to five years. It dissolved the corporation of the church and directed the confiscation by the federal government of all church properties valued over a limit of $50,000. The act was enforced by the U.S. Marshal and a host of deputies. The act:
    • Disincorporated the LDS Church and the Perpetual Emigrating Fund Company, with assets to be used for public schools in the Territory.[42]
    • Required an anti-polygamy oath for prospective voters, jurors and public officials.
    • Annulled territorial laws allowing illegitimate children to inherit.
    • Required civil marriage licenses (to aid in the prosecution of polygamy).
    • Abrogated the common law spousal privilege for polygamists, thus requiring wives to testify against their husbands.[43]
    • Disenfranchised women (who had been enfranchised by the Territorial legislature in 1870).[44]
    • Replaced local judges (including the previously powerful Probate Court judges) with federally appointed judges.
    • Abolished the office of Territorial superintendent of district schools, granting the supreme court of the Territory of Utah the right to appoint a commissioner of schools. Also called for the prohibition of the use of sectarian books and for the collection of statistics of the number of so-called gentiles and Mormons attending and teaching in the schools.
      [45] In 1890 the U.S. Supreme Court upheld the seizure of Church property under the Edmunds–Tucker Act in Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States. The act was repealed in 1978.[46][47]
1889
  • State of Washington: Married women are granted separate economy, control over their earnings, and trade licenses.[4]
1890
  • The case Bassett v. United States, had a ruling that polygamous wives can be required to testify as they are not legally wives.[48]
  • Wyoming: "In their inherent right to life, liberty and the pursuit of happiness, all members of the human race are equal. Since equality in the enjoyment of natural and civil rights is only made sure through political equality, the laws of this state affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than the individual incompetency or unworthiness duly ascertained by a court of competent jurisdiction. The rights of citizens of the state of Wyoming to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this state shall equally enjoy all civil, political and religious rights and privileges."[49][non-primary source needed]
1894
  • Louisiana: Married women are granted trade licenses.[4]
1895
  • South Carolina: Married women are granted separate economy.
  • Utah: Married women are granted separate economy.[4]
  • State of Washington: Married women are granted control over their earnings and trade licenses.[4]
1896
  • Utah: "The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy all civil, political and religious rights and privileges."[50][non-primary source needed]
1898
  • Utah: State legislature grants women permission to serve on juries in 1898. Although women were able to serve on juries starting in 1898, women were able to seek exemption from jury duty and they did not regularly serve on juries until the 1930s.[51][40]

20th century

1900–1939

1907
  • Section 3 of the Expatriation Act of 1907 provides for loss of citizenship by American women who married aliens.[52] Section 4 provided for retention of American citizenship by formerly alien women who had acquired citizenship by marriage to an American after the termination of their marriages. Women residing in the US automatically retained their American citizenship if they did not explicitly renounce; women residing abroad had the option to retain American citizenship by registration with a US consul.[53] The aim of these provisions was to prevent cases of multiple nationalities among women.[54]
1908
1910
  • The White-Slave Traffic Act, or the Mann Act, is a United States federal law passed June 25.[59] It is named after Congressman James Robert Mann of Illinois, and in its original form made it a felony to engage in interstate or foreign commerce transport of "any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose". In practice, its ambiguous language about "immorality" resulted in the criminalization of some consensual sexual behavior between adults.[60] It was amended by Congress in 1978 and again in 1986.[61]
1912
  • On January 1, the Massachusetts government enforces a law that allowed women to work a maximum of 54 hours instead of 56. Ten days later, affected workers discover that pay had been reduced along with the cut in hours.[62]
1915
  • The Supreme Court first considers the Expatriation Act of 1907 in the 1915 case MacKenzie v. Hare. The plaintiff, suffragist Ethel MacKenzie, was living in California, but was denied voter registration by the respondent in his capacity as a commissioner of the San Francisco Board of Election due to her marriage to a Scottish man.[54] MacKenzie contended that the Expatriation Act of 1907, "if intended to apply to her, is beyond the authority of Congress", as neither the Fourteenth Amendment nor any other part of the Constitution gave Congress the power to "denationalize a citizen without his concurrence". However, Justice Joseph McKenna, writing the majority opinion, stated that while "[i]t may be conceded that a change of citizenship cannot be arbitrarily imposed, that is, imposed without the concurrence of the citizen [...] [t]he law in controversy does not have that feature. It deals with a condition voluntarily entered into, with notice of the consequences." Justice James Clark McReynolds, in a concurring opinion, stated that the case should be dismissed for lack of jurisdiction.[63]
1918
  • Margaret Sanger is charged under the New York law for disseminating information about contraception. On appeal, her conviction was reversed on the grounds that contraceptive devices could legally be promoted for the cure and prevention of disease.[64]
1921
  • The Promotion of the Welfare and Hygiene of Maternity and Infancy Act, more commonly known as the Sheppard–Towner Act, is an Act of Congress that provided federal funding for maternity and childcare.[65] It was sponsored by Senator Morris Sheppard (D) of Texas and Representative Horace Mann Towner (R) of Iowa, and signed by President Warren G. Harding on November 23.[66] Before its passage, most of the expansion in public health programs occurred at the state and local levels. Many factors helped its passage including the environment of the Progressive Era.[67] Massachusetts, Connecticut, and Illinois never participated in the program. Participation in the program varied depending on states. The Act was due for renewal in 1926, but was met with increased opposition.[67] Congress allowed the act's funding to lapse in 1929 after successful opposition by the American Medical Association, which saw the act as a socialist threat to its professional autonomy,[68] despite the Pediatric Section of the AMA House of Delegates endorsing its renewal. The rebuking of the Pediatric Section by the full House of Delegates led to the members of the Pediatric Section establishing the American Academy of Pediatrics.[69]
1922
  • The Cable Act of 1922 is a United States federal law that reverses former immigration laws regarding marriage.[70][full citation needed] Previously, a woman lost her United States citizenship if she married a foreign man, since she assumed the citizenship of her husband, a law that did not apply to United States citizen men who married foreign women. The act repealed sections 3 and 4 of the Expatriation Act of 1907,[71] but guaranteed independent female citizenship only to women who were married to an "alien eligible to naturalization".[72] At the time of the law's passage, Asians were not considered to be racially eligible for US citizenship.[73][74]
1931
  • An amendment to the Cable Act allows females to retain their citizenship even if they married an Asian.[75]
1932
  • Michigan: A law is passed that makes abortion illegal.[76]
1936

1940–1969

1945
  • Illinois: In People ex rel. Rago v. Lipsky, 63 N.E.2d 642 (Ill. 1945), the Appellate Court of Illinois, First District, did not allow a married woman to stay registered to vote under her birth name, due to "the long-established custom, policy and rule of the common law among English-speaking peoples whereby a woman's name is changed by marriage and her husband's surname becomes as a matter of law her surname".[78][79]
1946
  • North Carolina: A state constitutional amendment passes, allowing women to serve on a jury.[80]
1947
  • New Jersey: The terms person, persons, and people, as well as personal pronouns, are changed to apply to both sexes.[81]
1948
  • Goesaert v. Cleary is a United States Supreme Court case in which the Court upheld a Michigan law which prohibited women from being licensed as a bartender in all cities having a population of 50,000 or more, unless their father or husband owned the establishment. The plaintiff, Valentine Goesaert, challenged the law on the ground that it infringed on the Fourteenth Amendment's Equal Protection Clause. Speaking for the majority, Justice Felix Frankfurter affirmed the judgment of the Detroit, Michigan, district court and upheld the constitutionality of the state law. The state argued that since the profession of bartending could potentially lead to moral and social problems for women, it was within the state's power to bar them from working as bartenders. Only when the owner of the bar was a sufficiently close relative to the women bartender could it be guaranteed that such immorality would not be present.[non-primary source needed]
  • The Women's Armed Services Integration Act (Pub.L. 80–625, 62 Stat. 356, enacted June 12, 1948) enabled women to serve as permanent, regular members of the armed forces in the Army, Navy, Marine Corps, and the recently formed Air Force. However, Section 502 of the act limited service of women by excluding them from aircraft and vessels of the Navy that might engage in combat.[non-primary source needed]
1955
  • Texas: It became legal for women to serve on juries in Texas.[82]
1959
  • California: In 1959 the Government Code Section 12947.5 (part of the California Fair Employment and Housing Act, passed in California) declares in part, “It shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee”, with exceptions only for “requiring an employee to wear a costume while that employee is portraying a specific character or dramatic role” and when good cause is shown.[83] Thus, the standard California FEHA discrimination complaint form now includes an option for "denied the right to wear pants".[84]
1961
  • Hoyt v. Florida is an appeal by Gwendolyn Hoyt, who had killed her husband and received a jail sentence for second degree murder. Although she had suffered mental and physical abuse in her marriage, and showed neurotic, if not psychotic, behavior, a six-man jury deliberated for 25 minutes before finding her guilty.[85]
  • Ohio: In State ex rel. Krupa v. Green, the appellate court allows a married woman to register to vote in her birth name which she had openly and solely used, and been well-known to use, before her marriage, and held that she could use that name as a candidate for public office.[86][78]
1963
The law provides (in part) that:
No employer having employees subject to any provisions of this section [section 206 of title 29 of the United States Code] shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs[,] the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex [...][88]
1964
  • The decision in People of California v. Hernandez by the California Supreme Court brought into question the validity of the rule that mistake as to a female's age is not a defense to a statutory rape charge.[89] The defendant was convicted of statutory rape, but the trial judge refused to allow the defendant to present evidence that the defendant had a good faith belief the female subject was of age as a defense to the charge. The defendant filed an appeal, with the sole issue being the question of whether defendant's intent and knowledge at the time of the commission of the crime mattered in determining criminal culpability. The California Supreme Court held that "a charge of statutory rape is defensible [where] criminal intent is lacking," overruling and disapproving prior decisional law holding to the contrary, particularly People v. Ratz (1896). The decision set off a flurry of discussion among academics on whether "the uniform rule in the United states [that] a mistake as to the age of a female is not a defense to the crime of statutory rape".[90][91][92]
  • Title VII of the Civil Rights Act of 1964, codified as Subchapter VI of Chapter 21 of title 42 of the United States Code, prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin.[93] Title VII applies to and covers an employer "who has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year".[94] Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin, such as by an interracial marriage.[95]
1965
  • Griswold v. Connecticut is a landmark decision of the U.S. Supreme Court, in which it ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives without government restriction.[96] The case involved a Connecticut "Comstock law" that prohibited any person from using "any drug, medicinal article or instrument for the purpose of preventing conception". The court held that the statute was unconstitutional, and that its effect was "to deny disadvantaged citizens ... access to medical assistance and up-to-date information in respect to proper methods of birth control". By a vote of 7–2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy", establishing the basis for the right to privacy with respect to intimate practices. This and other cases view the right to privacy as "protected from governmental intrusion".[97]
  • The Equal Employment Opportunity Commission (EEOC) decides that segregated job advertising—"Help Wanted Male" and "Help Wanted Female"—was permissible because it served "the convenience of readers".[98] Advocates for women's rights founded the National Organization for Women (NOW) in June 1966 out of frustration with the enforcement of the sex bias provisions of the Civil Rights Act and Executive Order 11375.[99]
  • New York state legislature amends its abortion-related statute to allow for more therapeutic exceptions.[8]
1966
1967
  • Executive Order 11375, signed by President Lyndon B. Johnson on October 13, bans discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors.[citation needed]
  • Johnson signs Public Law 90-130, lifting grade restrictions and strength limitations on women in the United States military. It amended 10 USC, eliminating the 2% maximum on enlisted women, and allowed female officers to be promoted to colonel or higher.[citation needed]
  • Maryland: In Erie Exchange v. Lane, 246 Md. 55 (1967) the Court of Appeals held that a married woman can lawfully adopt an assumed name, even if it is not her birth name or the name of her lawful husband, without legal proceedings.[102]
  • Section 230.3 Abortion (Tentative draft 1959, Official draft 1962) of the American Law Institute's (ALI) Model Penal Code (MPC) is used as a model for abortion law reform legislation enacted in 13 states from 1967 to 1972. It legalized abortion to preserve the health (whether physical or mental) of the mother, if the pregnancy is due to incest or rape, or if doctors agree that there is a significant risk that the child will be born with a serious mental or physical defect.[citation needed]
1968
  • King v. Smith is a decision in which the Supreme Court of the United States held that Aid to Families with Dependent Children (AFDC) could not be withheld because of the presence of a "substitute father" who visited a family on weekends.[citation needed]
  • The EEOC declares age restrictions on flight attendants’ employment to be illegal sex discrimination under Title VII of the Civil Rights Act of 1964.[103]
  • Prince Georges County: In 1967 Kathryn Kusner applied for a jockey license through the Maryland Racing Commission but was denied because she was a woman.[104] Later, Judge Ernest A. Loveless of the Circuit Court of Prince Georges County ordered her to be granted the license,[105] and Kusner became the first licensed female jockey in the United States.[104]
  • Texas: The Marital Property Act of 1967, which gave married women the same property rights as their husbands, goes into effect on January 1,.[106]
  • Mississippi: On June 15 a law making women eligible to serve on state court juries is signed by Governor John Bell Williams. Mississippi was the last state in America to allow this.[107]
1969
  • New Mexico: Legislature passes a law that made it a felony for anyone to provide a woman with an abortion unless it was needed to save her life, or because her pregnancy was a result of rape or incest.[108]
  • In the case Weeks v. Southern Bell (1969), Lorena Weeks claims that Southern Bell had violated her rights under the 1964 Civil Rights Act when they denied her application for promotion to a higher paying position because she was a woman. She won her case in 1969 after several appeals.[citation needed]
  • The California Supreme Court rules in favor of abortion rights after hearing an appeal from Dr. Leon Belous, who had been convicted of referring a woman to someone who could provide her with an illegal abortion;[109] California's abortion law was declared unconstitutional in People v. Belous because it was vague and denied people due process.[110]

1970–1999

1970
  • In 1970, Eleanor Holmes Norton represents 60 female employees of Newsweek who had filed a claim with the Equal Employment Opportunity Commission that Newsweek had a policy of only allowing men to be reporters.[111] The women won, and Newsweek agreed to allow women to be reporters.[111] The day the claim was filed, Newsweek's cover article was "Women in Revolt", covering the feminist movement; the article was written by a woman who had been hired on a freelance basis since there were no female reporters at the magazine.[112]
  • The Title X Family Planning Program, officially known as Public Law 91-572 or "Population Research and Voluntary Family Planning Programs", is enacted under President Richard Nixon in 1970 as part of the Public Health Service Act. It is the only federal grant program dedicated solely to providing individuals with comprehensive family planning and related preventive health services, and is legally designed to prioritize the needs of low-income families or uninsured people (including those who are not eligible for Medicaid) who might not otherwise have access to these health care services. These services are provided to low-income and uninsured individuals at reduced or no cost.[113]
  • Congress removes references to contraception from federal anti-obscenity laws.[114]
  • Schultz v. Wheaton Glass Co. is a case heard before the United States Court of Appeals for the Third Circuit. It applied the Bennett Amendment on Chapter VII of the Civil Rights Act of 1964, and helped define the limitations of equal pay for men and women.[115][116] In its rulings, the court determined that a job that is "substantially equal" in terms of what the job entails, although not necessarily in title or job description, is protected by the Equal Pay Act.[117] An employer who hires a woman to do the same job as a man but gives the job a new title in order to offer it a lesser pay is discriminating under that act.[117]
  • In Sprogis v. United Air Lines, Inc., a federal trial court rules in a female flight attendant's favor on whether airline marriage bans were illegal under Title VII. The court found that neither sex nor marital status was a bona fide occupational qualification for the flight attendant occupation. The court's ruling was upheld upon appeal.[118][119]
  • Women were not allowed in New York's McSorley's Old Ale House until August 10, after National Organization for Women attorneys Faith Seidenberg and Karen DeCrow filed a discrimination case against the bar in District Court and won.[120] The two entered McSorley's in 1969, and were refused service, which was the basis for their lawsuit for discrimination. The case decision made the front page of The New York Times on June 26, 1970.[121] The suit, Seidenberg v. McSorleys' Old Ale House established that as a public place, the bar could not violate the Equal Protection Clause of the United States Constitution.[122] The bar was then forced to admit women, but it did so "kicking and screaming".[123] With the ruling allowing women to be served, the bathroom became unisex, but a ladies' room was not installed until 1986.[124]
  • Hawaii, New York, Alaska and Washington repeal their abortion laws. Hawaii became the first state to legalize abortions on the request of the woman,[125] New York repealed its 1830 law, and Washington held a referendum on legalizing early pregnancy abortions, becoming the first state to legalize abortion through a vote of the people.[126]
  • New York: On April 10, the New York Senate passes a law decriminalizing abortion in most cases.[127] Republican Governor Nelson A. Rockefeller signed the bill into law the next day.[128] It adds a consent provision requiring a physician to obtain the woman's consent before performing an abortion, permitted physician-provided elective abortion services within the first 24 weeks of pregnancy or to preserve her life and allowed a woman, when acting upon the advice of a duly licensed physician, to perform an "abortional act" on herself within the first 24 weeks of pregnancy or to preserve her life.[129]
  • South Carolina and Virginia reform their abortion laws based on the American Law Institute Model Penal Code.
  • Illinois: "The equal protection of the laws shall not be denied or abridged on account of sex by the State or its units of local government and school districts."[130][non-primary source needed]
  • Florida: Mary R. Grizzle introduces and passes the Married Women Property Rights Act, giving married women in Florida, for the first time, the right to own property solely in their names and to transfer that property without their husbands' signatures.[131]
1971
  • Barring women from practicing law becomes prohibited.[132]
  • Pennsylvania: "Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual."[133][non-primary source needed]
  • United States v. Vuitch was a United States Supreme Court abortion rights case, which held that the District of Columbia's abortion law banning the practice except when necessary for the health or life of the woman was not unconstitutionally vague.[citation needed]
  • Reed v. Reed is an Equal Protection case in the United States in which the Supreme Court ruled that the administrators of estates cannot be named in a way that discriminates between sexes. The Supreme Court ruled for the first time in Reed v. Reed that the Equal Protection Clause of the Fourteenth Amendment prohibited differential treatment based on sex.[citation needed]
  • Phillips v. Martin Marietta Corp. is a Supreme Court case in which the court ruled that under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, refuse to hire women with pre-school-age children while hiring men with such children. It was the first sex discrimination case under Title VII to reach the Court.[citation needed]
  • Virginia: "That no person shall be deprived of his life, liberty, or property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts; and that the right to be free from any governmental discrimination upon the basis of religious conviction, race, color, sex, or national origin shall not be abridged, except that the mere separation of the sexes shall not be considered discrimination."[134][non-primary source needed]
  • Alaska repeals its statute that said inducing an abortion was a criminal offense.[135]
1972
  • Vermont: The Vermont Supreme Court makes a ruling that effectively ended abortion restrictions in the state.[136]
  • New York: The Court of Appeals rules that Bernice Gera could be a baseball umpire.[137]
  • Washington: "Equality of rights and responsibility under the law shall not be denied or abridged on account of sex."[138]
  • Alaska: "No person is to be denied the enjoyment of any civil or political right because of race, color, creed, sex or national origin. The legislature shall implement this section."[139][non-primary source needed]
  • Title IX is a portion of the United States Education Amendments of 1972, Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. §§ 1681–1688, co-authored and introduced by Senator Birch Bayh; it was renamed the Patsy Mink Equal Opportunity in Education Act in 2002, after its late House co-author and sponsor.[citation needed]
  • Eisenstadt v. Baird was a United States Supreme Court case that established the right of unmarried people to possess contraception on the same basis as married couples. The Court struck down a Massachusetts law prohibiting the distribution of contraceptives to unmarried people for the purpose of preventing pregnancy, ruling that it violated the Equal Protection Clause of the Constitution.[citation needed]
  • The 10th Circuit case Moritz v. Commissioner successfully challenged the denial of a dependent-care deduction to a single man who was a caretaker for his sick mother; the deduction had previously been limited to women, widowers, or divorced men.[140][141]
  • Maryland: In Stuart v. Board of Elections, on the question of whether a wife could register to vote in her birth name rather than her husband's last name, the Maryland Court of Appeals decides that "a married woman's surname does not become that of her husband where, as here, she evidences a clear intent to consistently and nonfraudulently use her birth given name subsequent to her marriage".[102]
  • Florida reformed its abortion law based on the American Law Institute Model Penal Code.[citation needed]
  • Maryland: "Equality of rights under the law shall not be abridged or denied because of sex."[142][non-primary source needed]
  • Texas: "Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative."[143][non-primary source needed]
1973
  • Roe v. Wade is a landmark decision by the Supreme Court on the issue of abortion. The court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's two legitimate interests in regulating abortions: protecting women's health and protecting the potentiality of human life.[144]
  • Doe v. Bolton is a decision of the Supreme Court overturning abortion laws in Georgia.
  • Frontiero v. Richardson is a landmark United States Supreme Court case[145] that decided benefits given by the United States military to the family of service members cannot be given out differently because of sex.[citation needed]
  • Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations was a 1973 decision of the United States Supreme Court which upheld an ordinance enacted in Pittsburgh that forbids sex-designated classified advertising for job opportunities, against a claim by the parent company of the Pittsburgh Press that the ordinance violated its First Amendment rights.[citation needed]
  • From 1973 on, the United States Agency for International Development (USAID) has followed the Helms Amendment, banning use of U.S. government funds to provide abortion as a method of family planning anywhere in the world.[146]
  • Colorado: "Equality of rights under the law shall not be denied or abridged by the state of Colorado or any of its political subdivisions because of sex."[147][non-primary source needed]
  • Montana: "The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas."[148][non-primary source needed]
  • New Mexico: "No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person."[149]
  • California: In Rentzer v. Unemployment Ins. Appeals Bd., Gail Rentzer suffered from an ectopic pregnancy and was unable to work. She was denied compensation by the California Unemployment Insurance Appeals Board because they did not recognize pregnancy or related medical complications as a disability. The California Court of Appeals found that because Gail had not had a normal pregnancy and her emergency surgery was performed to stop bleeding and save her life, her pregnancy was deemed worthy of disability benefits. The case allowed women with medical complications during pregnancy to be granted benefits and more protections, such as disability coverage for not just pregnancy, but also the amount of time it takes for recovery from complications.[150]
1974
  • Kentucky adopts a law preventing public hospitals from performing abortion procedures except to protect the life of the mother.[151]
  • Connecticut: "No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his or her civil or political rights because of religion, race, color, ancestry, national origin or sex."[152][non-primary source needed]
  • Geduldig v. Aiello is an equal protection case in which the Supreme Court ruled on whether unfavorable treatment to pregnant women could count as sex discrimination. It held that the denial of insurance benefits for work loss resulting from a normal pregnancy did not violate the Fourteenth Amendment. The California insurance program at issue did not exclude workers from eligibility based on sex but did exclude pregnancy from a list of compensable disabilities. The majority found that even though only women would be directly affected by the administrative decision, the classification of normal pregnancy as non-compensable was not a sex-based classification, and therefore the court would defer to the state so long as it could provide a rational basis for its categorization.[citation needed]
  • The Equal Credit Opportunity Act makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract).[153] Failure to comply with the Equal Credit Opportunity Act's Regulation B can subject a financial institution to civil liability for actual and punitive damages in individual or class actions. Liability for punitive damages can be as much as $10,000 in individual actions and the lesser of $500,000 or 1% of the creditor's net worth in class actions.[154]
  • In Kahn v. Shevin, the Supreme Court rules that a Florida statute providing property tax exemptions only to widows does not violate the Equal Protection Clause of the Fourteenth Amendment.[155]
  • In Kaplowitz v. University of Chicago, the U.S. District Court for the Northern District of Illinois rules that a law school was not required to police the discriminatory practices of employers using its placement facilities. The court found the law school an employment agency, but that employment agencies are only obligated to refer potential employees without discrimination.[156][157]
  • The Women's Educational Equity Act (WEEA) is one of the several landmark laws passed by the United States Congress outlining federal protections against the gender discrimination of women in education (educational equity).[citation needed]
  • Sex is added as a protected characteristic to the Fair Housing Act.[158][159][160]
  • New Hampshire: "All men have certain natural, essential, and inherent rights – among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin."[161][non-primary source needed]
  • In the final week of December, President Gerald Ford signs a bill that opened the Little League baseball program to girls.[162]
1975
  • In Bigelow v. Virginia, the US Supreme Court rules that state bans on abortion clinics advertising their services were unconstitutional as they violated freedom of speech and freedom of the press.[163]
  • Stanton v. Stanton, is a United States Supreme Court case that struck down Utah's definitions of adulthood as a violation of equal protection: females reached adulthood at 18; males at 21.[164]
  • Weinberger v. Wiesenfeld is a decision by the United States Supreme Court. It unanimously held that the gender-based distinction under the Social Security Act of 1935—which permitted widows but not widowers to collect special benefits while caring for minor children—violated the right to equal protection secured by the Due Process Clause of the Fifth Amendment to the United States Constitution.[citation needed]
  • Taylor v. Louisiana is a Supreme Court case that stated women could not be excluded from a venire, or jury pool, on the basis of having to register for jury duty.[citation needed]
  • On February 19, the Texas Supreme Court's ruling in the case Jacobs v. Theimer makes it the first state in America to allow a woman to sue her doctor for a wrongful birth.[165][166][167] The case involved Dortha Jean Jacobs (later Dortha Biggs) who caught rubella while pregnant and gave birth to Lesli, who was severely disabled.[167][165] Dortha and her husband sued her doctor, saying he did not diagnose the rubella or warn them how it would affect the pregnancy.[167]
  • Schlesinger v. Ballard is a Supreme Court case that upheld a federal statute granting female naval officers four more years of commissioned service before mandatory discharge than male Naval officers.[168] A federal statute granted female naval officers fourteen years of commissioned service while allowing only nine years of commissioned service for male naval officers before mandatory discharge. The Supreme Court held that the law passed intermediate scrutiny equal protection analysis because women, excluded from combat duty, had fewer opportunities for advancement in the military. The court found the statute to directly compensate for the past statutory barriers to advancement.[169]
  • Joan Little becomes the first woman in United States history to be acquitted using the defense that she used deadly force to resist sexual assault.[170][171]
  • Louisiana: "No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations."[172][non-primary source needed]
  • Illinois: The 79th General Assembly enacts the Illinois Abortion Law, which included a trigger law that provided that if Roe v. Wade was overturned or repealed, "the former policy of this State to prohibit abortions unless necessary for the preservation of the mother's life shall be reinstated".[173][non-primary source needed]
1976
  • In General Electric v. Gilbert, the Supreme Court ruled that it was legal for employers to exclude pregnancy-related conditions from employee sickness and accident benefits plans.[174]
  • Massachusetts: "All people are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin."[175][non-primary source needed]
  • Bellotti v. Baird was a Supreme Court case in which it upheld a Massachusetts law requiring parental consent to a minor's abortion, which provided that "if one or both of the [minor]'s parents refuse ... consent, consent may be obtained by order of a judge ... for good cause shown."[176] The decision was unanimous, and the opinion of the Court was written by Justice Blackmun. The law in question "permits a minor capable of giving informed consent to obtain a court order allowing abortion without parental consultation, and further permits even a minor incapable of giving informed consent to obtain an abortion order without parental consultation where it is shown that abortion would be in her best interests."[176][non-primary source needed]
  • Craig v. Boren was the first case in which a majority of the Supreme Court determined that statutory or administrative sex classifications were subject to intermediate scrutiny under the Fourteenth Amendment's Equal Protection Clause. The court also acknowledged that parties economically affected by regulations may challenge them "by acting as advocates of the rights of third parties who seek access to their market or function." The case specifically concerned over how Oklahoma passed a statute prohibiting the sale of "nonintoxicating" 3.2% beer to males under the age of 21 but allowed females over the age of 18 to purchase it. The Court held that the gender classifications made by the Oklahoma statute were unconstitutional because the statistics relied on by the state were insufficient to show a substantial relationship between the statute and the benefits intended to stem from it.[citation needed]
  • Planned Parenthood v. Danforth is a Supreme Court case on abortion. The plaintiffs challenged the constitutionality of a Missouri statute regulating abortion. The court upheld the right to have an abortion, declaring unconstitutional the statute's requirement of prior written consent from a parent (in the case of a minor) or a spouse (in the case of a married woman).[177]
  • The Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortion unless the pregnancy arises from incest, rape, or to save the life of the mother.[178][179] Legislation including the Hyde Amendment generally only restricts the use of funds allocated for the Department of Health and Human Services and primarily affects Medicaid.[178][179]
  • United States Court of Appeals for the Second Circuit jurisdiction: There is a United States Court of Appeals for the Second Circuit decision indicating involuntary pregnancy discharges in the U.S. Navy violated the Fifth Amendment.[180]
1977
  • Beal v. Doe is a Supreme Court case that concerned the disbursement of federal funds in Pennsylvania, whose statute restricted federal funding to abortion clinics. The court ruled states are not required to treat abortion in the same manner as potential motherhood. The opinion of the Court left the central holding of the Roe v. Wade decision – abortion as a right – intact. The statute was upheld, with Justice Powell writing the majority opinion.[citation needed]
  • Califano v. Webster is a decision by the Supreme Court, which held that Section 215 of the Social Security Act does not violate due process by allowing women to calculate retirement benefits without including additional low-earning years, since it is an attempt to compensate for previous discrimination.[citation needed]
  • Califano v. Goldfarb is a decision by the Supreme Court, which held that the different treatment of men and women constituted invidious discrimination against female wage earners by affording them less protection for their surviving spouses than is provided to male employees, and therefore violated the Due Process Clause of the Fifth Amendment.
  • Dothard v. Rawlinson is the first Supreme Court case in which the bona fide occupational qualifications (BFOQ) defense was used. The court held that under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, set height and weight restrictions which have a disproportionately adverse effect on one gender. However, on the issue of whether women could fill close contact jobs in all male maximum security prisons the Court ruled 6–3 that the BFOQ defense was legitimate in this case, reasoning that female prison guards were more vulnerable to male sexual attack than male prison guards.[181]
  • Carey v. Population Services International is a Supreme Court case in which the court held that it was unconstitutional to prohibit anyone other than a licensed pharmacist to distribute nonprescription contraceptives to persons 16 years of age or over, to prohibit the distribution of nonprescription contraceptives by any adult to minors under 16 years of age, and to prohibit anyone, including licensed pharmacists, to advertise or display contraceptives.[citation needed]
  • The National Partnership for Women & Families wins Barnes v. Costle, a U.S. Court of Appeals decision that held that any retaliation by a boss against an employee for rejecting sexual advances violates Title VII's prohibition against sex discrimination.[182]
  • Washington: The January 7 Supreme Court ruling in State of Washington v. Wanrow is a landmark ruling. The Washington Supreme Court, sitting en banc, declared that Yvonne Wanrow was entitled to have a jury consider her actions in the light of her "perceptions of the situation, including those perceptions which were the product of our nation's long and unfortunate history of sex discrimination".[183] The ruling was the first in America recognizing the particular legal problems of women who defend themselves or their children from male attackers, and was again affirmed by the Washington Supreme Court in denying the prosecutor's petition for rehearing in 1979.[183][184] Before the Wanrow decision, standard jury instructions asked what a "reasonably prudent man" would have done, even if the accused was a woman; the Wanrow decision set a precedent that when a woman is tried in a criminal trial the juries should ask "what a reasonably prudent woman similarly situated would have done."[185]
  • In Coker v. Georgia, the Supreme Court determines that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment.[186]
  • New York: Cathy Davis sues the New York State Athletic Commission (NYSAC) in 1977 because she was denied a boxing license due to her being a woman, and the case was decided in her favor later that year, with the judge invalidating New York State rule number 205.15, which stated, “No woman may be licensed as a boxer or second or licensed to compete in any wrestling exhibition with men.”[187][188] In his opinion the judge cited the precedent set by Garrett v. New York State Athletic Commission (1975), which “found the regulation invalid under the equal protection clauses of the State and Federal Constitutions”. The NYSAC filed an appeal of the ruling, but withdrew it later.[189][187]
1978
  • Hawaii: "Equality of rights under the law shall not be denied or abridged by the State on account of sex. The legislature shall have the power to enforce, by appropriate legislation, the provisions of this section."[190][non-primary source needed]
  • The Pregnancy Discrimination Act of 1978 is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy".[191] It covers discrimination "on the basis of pregnancy, childbirth, or related medical conditions", but only applies to employers with 15 or more employees.[192][193] Employers are exempt from providing medical coverage for elective abortions – except in the case that the mother's life is threatened – but are required to provide disability and sick leave for women who are recovering from an abortion.[194]
  • Judge John Sirica ruled the law banning Navy women from ships to be unconstitutional in the case Owens v. Brown. That same year, Congress approved a change to Title 10 USC Section 6015 to permit the Navy to assign women to fill sea duty billets on support and noncombatant ships.[195]
  • The Mann Act originally made it a felony to engage in interstate or foreign commerce transport of "any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose". In 1978, Congress updated the Mann Act's definition of "transportation" and added protections against commercial sexual exploitation for minors.[citation needed]
  • The federal lawsuit, Melissa Ludtke and Time, Inc., Plaintiffs, v. Bowie Kuhn, Commissioner of Baseball et al. (1978) is credited with giving equal access to Major League Baseball locker rooms to women sports reporters.[196][197] In 1977, Ludtke sued the baseball commission on the basis that her 14th amendment rights were violated when she was denied access to the New York Yankees clubhouse while reporting on the 1977 World Series.[198][199] She won the lawsuit;[200][201] the District Court for the Southern District of New York stated her right was violated since the New York Yankees clubhouse was controlled by New York City. It also stated that her fundamental right to pursue a career was violated based on her sex.[202]
  • The 1887 Edmunds–Tucker Act is repealed.[46][47]
  • Akron, Ohio, passes a city ordinance that restricts abortion rights.[101]
1979
  • Bellotti v. Baird is a Supreme Court case that ruled that teenagers do not have to secure parental consent to obtain an abortion. The court elaborates on its parental consent decision in 1976. It implies that states may be able to require a pregnant, unmarried minor to obtain parental consent to an abortion so long as the state law provides an alternative procedure to parental approval, such as letting the minor seek a state judge's approval instead. This plurality opinion declined to fully extend the right to seek and obtain an abortion, granted to adult women in Roe v. Wade, to minors.[203] The Court rejected this extension to minors by placing emphasis on the especially vulnerable nature of children, their "inability to make critical decisions in an informed and mature manner; and the importance of the parental role in child rearing".[203][204]
  • Colautti v. Franklin is a Supreme Court abortion rights case, which held part of Pennsylvania's 1974 Abortion Control Act as void for vagueness.[citation needed]
  • Personnel Administrator of Massachusetts v. Feeney is a case heard by the Supreme Court. Its decision upheld the constitutionality of a state law, giving hiring preference to veterans over nonveterans.[205] The law was challenged as violating the Equal Protection Clause of the Fourteenth Amendment by a woman, who argued that the law discriminated on the basis of sex because so few women were veterans.[205]
  • Duren v. Missouri is a Supreme Court case in which it ruled that the exemption on request of women from jury service under Missouri law, resulting in an average of less than 15% women on jury venires in the forum county, violated the "fair-cross-section" requirement of the Sixth Amendment as made applicable to the States by the Fourteenth Amendment.[citation needed]
  • Cannon v. University of Chicago is a Supreme Court case which interpreted Congressional silence in the face of earlier interpretations of similar laws to determine that Title IX of the Higher Education Act provides an implied cause of action.[206]
  • A lawsuit makes California change its boxing regulations, which had limited women boxers to no more than four rounds.[207]
  • Missouri: a court found that state law dealing with women having abortions after the first trimester needing to have it performed in a hospital was unconstitutional.[208]
1980
1981
  • Kirchberg v. Feenstra is a Supreme Court case in which it decided that a Louisiana Head and Master law, which gave sole control of marital property to the husband, unconstitutional.[216]
  • H. L. v. Matheson is a Supreme Court abortion rights case, according to which a state may require a doctor to inform a teenaged girl's parents before performing an abortion or face criminal penalty.
  • Rostker v. Goldberg is a decision of the Supreme Court proclaiming that the practice of requiring only men to register for the draft was constitutional. In a 6–3 decision, the Supreme Court held that this gender distinction was not a violation of the equal protection component of the due process clause, and that the Act would stand as passed.[citation needed]
  • Bundy v. Jackson is a D.C. Circuit opinion, written by J. Skelly Wright, that held that workplace sexual harassment could constitute employment discrimination under the Civil Rights Act of 1964.[citation needed]
  • Michael M. v. Superior Court of Sonoma County is a Supreme Court case over the issue of gender bias in statutory rape laws. The petitioner argued that the statutory rape law discriminated based on gender and was unconstitutional. The court ruled otherwise, claiming that sexual intercourse entails a higher risk for women than men, and it found the law just in targeting men as the only possible perpetrators of statutory rape.[217]
  • The version of the Hyde Amendment enforced from 1981 until 1993 prohibited the use of federal funds for abortions "except where the life of the mother would be endangered if the fetus were carried to term."[218]
  • The Supreme Court determines in County of Washington v. Gunther that the Bennett Amendment explicitly incorporated only limited defenses to unequal pay due to sex and did not otherwise bar suits based on a comparison of payment for different jobs. Nevertheless, it has continued to be used to bar comparable worth suits in lower courts.[citation needed]
1982
  • Mississippi University for Women v. Hogan is a case decided 5–4 by the Supreme Court, determining that the single-sex admissions policy of the Mississippi University for Women violated the Equal Protection Clause of the Fourteenth Amendment.[219]
  • Chrapliwy v. Uniroyal, Inc. is a US labor law decision of the U.S. Seventh Circuit Court of Appeals concerning the award of attorney's fees in a discrimination lawsuit. The case involved allegedly discriminatory practices in violation of Title VII of the Civil Rights Act of 1964. The case settled in favor of the plaintiffs, but litigants brought the issue of reasonable attorney's fees to the district court. Chrapliwy v. Uniroyal, Inc. found that the reasonable attorney's fees are recoverable for time spent persuading the federal government to debar a defendant from its contracts when engaging in discriminatory practices.[citation needed]
  • New York City: After Brenda Berkman's requests for a firefighting test that was fairer for women were ignored, she filed Brenda Berkman, et al. v. The City of New York and won.[220] A new test was created in which standards were changed so the test was job-related and Brenda with 40 other women passed to enter the fire academy in 1982.[221]
  • Pennsylvania: The Abortion Control Act is passed by the state government. It required women seeking abortions to wait 24 hours before getting an abortion, and required informed consent of parents for minor children and husbands for married women.[222][223]
1983
  • Kentucky: The 1981 unlawful abortion conviction of a Wayne County, Kentucky, man puts the issue of abortion before the Kentucky Supreme Court.[224] In 1983, the court ruled that the seven-month-old fetus killed by the man during an attack on his wife could not be defined as a person under the Model Penal Code.[224]
  • City of Akron v. Akron Center for Reproductive Health is a case in which the Supreme Court affirmed its abortion rights jurisprudence. The case, decided June 15, 1983, struck down an Ohio abortion law with several provisions.[225][non-primary source needed]
  • Philadelphia County, Pennsylvania: After 139 years of being an all-male public high school, Central's all-male policy is challenged by Susan Vorchheimer, who wished to be admitted to Central. On August 7, 1975, U.S. District Court Judge Clarence C. Newcomer ruled that Central must admit academically qualified girls starting in the fall term of 1975. The decision was appealed, and the Third Circuit Court ruled that Central had the right to retain its present status.[226] The case eventually reached the U.S. Supreme Court that, on April 19, 1977, upheld the Third Circuit Court's verdict by a 4 to 4 vote with one abstention.[227]
  • Washington removes its marital exemptions for first-degree rape and second-degree rape in 1983.[228]
1984
  • The Supreme Court's 1984 ruling Grove City College v. Bell[229] determines that Title IX applied only to those programs receiving direct federal aid.[230] The case reached the Supreme Court when Grove City College disagreed with the Department of Education's assertion that it was required to comply with Title IX. Grove City College was not a federally funded institution, but they accepted students who were receiving Basic Educational Opportunity Grants through a Department of Education program.[229] The Department of Education's stance was that, because some of its students were receiving federal grants, the school was receiving federal assistance and Title IX applied to it. The court decided that since Grove City College was only receiving federal funding through the grant program, only that program had to be in compliance. The decision classified many institutions' sports programs outside Title IX's rule, reducing its scope.[231]
  • Roberts v. United States Jaycees is an opinion of the Supreme Court overturning the United States Court of Appeals for the Eighth Circuit's application of a Minnesotan antidiscrimination law, which had permitted the United States Junior Chamber (Jaycees) to exclude women from full membership.[citation needed]
  • People v. Pointer is a criminal law case from the California Court of Appeal, First District, where the trial judge included in his sentencing a prohibition on the defendant becoming pregnant during her period of probation.[232] The appellate court held that such a prohibition was outside the bounds of a judge's sentencing authority. The case was remanded for resentencing to undo the overly broad prohibition against conception.[citation needed]
  • In Tallon v. Liberty Hose Co. No. 1 (Pa. Super. Ct. 1984), a case concerning sex discrimination, it is ruled that a volunteer fire department may be held liable under section 1983 for violating a plaintiff's constitutional rights.[233]
  • In Hishon v. King & Spaulding, a case in which a woman claimed that her failure to be promoted to partner at a law firm was due to her gender, the Supreme Court rules that Title VII of the Civil Rights Act of 1964 bans discrimination by employers in the context of any contractual employer/employee relationship, including but not limited to law partnerships.[234][non-primary source needed]
  • New York: In People v. Liberta, judge Sol Wachtler states that "a marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body as does an unmarried woman".[235][non-primary source needed]
1985
  • Indianapolis, Indiana: American Booksellers Ass'n, Inc. v. Hudnut is a court case that successfully challenged the constitutionality of the Antipornography Civil Rights Ordinance, as enacted in the city the previous year. Judge Frank Easterbrook, writing for the court, held that the ordinance's definition and prohibition of "pornography" was unconstitutional.[236] The ordinance did not refer to the prurient interest, as required of obscenity statutes by the Supreme Court in Miller v. California,[237] but defined pornography by reference to its portrayal of women, which the court held was unconstitutional, as "the First Amendment means that government has no power to restrict expression because of its message [or] its ideas".[238]
1986
  • The 1986 Kentucky General Assembly passes legislation requiring parental consent for minors seeking abortions.[239] The law required the consent of only the custodial parent if the parents did not live together, and also allowed the minor to petition a district or circuit court for permission.[240]
  • Connecticut: The "Thurman Law" (aka the Family Violence Prevention and Response Act) makes domestic violence an automatically arrestable offense, even if the victim did not wish to press charges.[241][non-primary source needed]
  • Thornburgh v. American College of Obstetricians and Gynecologists is a Supreme Court case involving a challenge to Pennsylvania's Abortion Control Act of 1982.[242]
  • Meritor Savings Bank v. Vinson marks the Supreme Court's recognition of certain forms of sexual harassment as a violation of Civil Rights Act of 1964's Title VII, and established the standards for analyzing whether conduct was unlawful and when an employer would be liable.[citation needed]
  • The Mann Act originally made it a felony to engage in interstate or foreign commerce transport of "any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose". In 1978, Congress updated its definition of "transportation" and added protections against commercial sexual exploitation for minors. In 1986 it was further amended to replace the ambiguous "debauchery" and "any other immoral purpose" with the more specific "any sexual activity for which any person can be charged with a criminal offense" as well as to make it gender-neutral.[243]
  • In Alabama, the marital exemption from the rape law is found unconstitutional in Merton v. State.[244][non-primary source needed]
  • District of Columbia: Women gain the right to go topless.[245]
  • Rhode Island: "No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection of the laws. No otherwise qualified person shall, solely by reason of race, gender or handicap be subject to discrimination by the state, its agents or any person or entity doing business with the state. Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof."[246][non-primary source needed]
1987
  • California Federal S. & L. Assn. v. Guerra is a Supreme Court case about whether a state may require employers to provide greater pregnancy benefits than required by federal law, as well as the ability to require pregnancy benefits to women without similar benefits to men. The court held that The California Fair Employment and Housing Act in 12945(b)(2), which requires employers to provide leave and reinstatement to employees disabled by pregnancy, is consistent with federal law.[citation needed]
  • In 1976, the Rotary Club of Duarte in Duarte, California, admitted three women as members. After the club refused to remove the women from membership, Rotary International revoked the club's charter in 1978. The Duarte club filed suit in the California courts, claiming that Rotary Clubs are business establishments subject to regulation under California's Unruh Civil Rights Act, which bans discrimination based on race, gender, religion or ethnic origin. Rotary International then appealed the decision to the U.S. Supreme Court. On 4 May 1987, it confirmed the Californian decision supporting women, in the case Board of Directors, Rotary International v. Rotary Club of Duarte.[247] Rotary International then removed the gender requirements from its requirements for club charters, and most clubs in most countries have opted to include women as members of Rotary Clubs.[248][249]
  • Johnson v. Transportation Agency is the only United States Supreme Court case to address a sex-based affirmative action plan in the employment context. The Court found that the plan did not violate the protection against discrimination on the basis of sex in the Civil Rights Act of 1964's Title VII.[250][non-primary source needed]
1988
  • Arkansas: An amendment to the state constitution says, "The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution."[251]
  • The Civil Rights Restoration Act of 1987 is passed, which extended Title IX of the Civil Rights Act of 1964 coverage to all programs of any educational institution that receives any federal assistance, both direct and indirect.[252]
1989
  • Webster v. Reproductive Health Services is a Supreme Court decision on July 3 upholding a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on abortions. The Supreme Court in Webster allowed for states to legislate in an area that had previously been thought to be forbidden under Roe v. Wade.
  • Price Waterhouse v. Hopkins is a case overseen by the United States Supreme Court on the issue of employer liability for sex discrimination. The decision established that gender stereotyping is actionable as sex discrimination, and that mixed-motive framework as an evidentiary framework for proving discrimination under a disparate treatment theory even when lawful reasons for the adverse employment action are also present.[253]
  • The first "Restroom Equity" Act in the United States is passed in California in 1989.[254] It was introduced by then-Senator Arthur Torres after several long waits for his wife to return from the bathroom.[254]
1990
  • Hodgson v. Minnesota is a Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion. The law in question provided a judicial alternative. The law was declared valid with the judicial bypass, but the ruling struck down the two-parent notification requirement.[non-primary source needed]
1991
1992
  • Planned Parenthood v. Casey is a case decided by the Supreme Court in which the constitutionality of several Pennsylvania statutory provisions regarding abortion were challenged. It differed from Roe v. Wade to tie an abortion's legality to the third trimester, associating the legal timeframe with fetal viability.[257]
  • In R.A.V. v. City of St. Paul, the United States Supreme Court overturns a statute prohibiting speech or symbolic expression that "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender" on the grounds that, even if the specific statute was limited to fighting words, it was unconstitutionally content-based and viewpoint-based because of the limitation to race-/religion-/sex-based fighting words. The Court, however, made it repeatedly clear that the City could have pursued "any number" of other avenues, and reaffirmed the notion that "fighting words" could be properly regulated by municipal or state governments.[citation needed]
  • New York State: In 1986, seven women who picnicked topless are charged in Rochester, New York with baring "that portion of the breast which is below the top of the areola".[258] That law had originally been enacted to discourage 'topless' waitresses. The women were initially convicted, but on appeal two of the women's charges were reversed by the New York State Court of Appeals in 1992 on equal protection grounds in Santorelli's case.[259][260][261][245]
  • Franklin v. Gwinnett County Public Schools is a United States Supreme Court Case in which the Court decided, in a unanimous vote, that monetary relief is available under Title IX.[262]
  • Massachusetts: On 16 April 1992, after eight years in court litigation in Massachusetts, Gail Grandchamp gained the right to become a boxer, as a state Superior Court judge deemed it was illegal to deny someone a chance to box based on gender.[263]
1993
  • Maine passed abortion-related legislation that said women have the right to "terminate a pregnancy before viability".[264][265]
  • Harris v. Forklift Systems, Inc. is a case in which the Supreme Court clarified the definition of a "hostile" or "abusive" work environment under Title VII of the Civil Rights Act of 1964. In a unanimous opinion written by Justice Sandra Day O'Connor, the court decided that a determination about whether a work environment is hostile or abusive requires a consideration of all relevant circumstances.[266]
  • Bray v. Alexandria Women's Health Clinic is a Supreme Court case in which the court determined that 42 U.S.C. 1985(3) does not provide a federal cause of action against persons obstructing access to abortion clinics. Several abortion clinics (most known was the Alexandria Health Clinic) sued to prevent Jayne Bray and other anti-abortion protesters from voicing their freedom of speech in front of the clinics in Washington D.C.[267] Alexandria Women's Health Clinic reported that the protesters violated 42 U.S.C. 1985(3), which prohibits protests to deprive "any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws."[268]
  • The Mexico City policy is rescinded by President Bill Clinton.[citation needed]
  • On October 22, Clinton signs into law the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994.[269] It contained a new version of the Hyde Amendment that expanded the category of abortions for which federal funds are available under Medicaid to include cases of rape and incest.[270]  
  • The Family and Medical Leave Act of 1993 is a United States federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons. Qualified medical and family reasons include: personal or family illness, family military leave, pregnancy, adoption, or the foster care placement of a child.[271]
  • All states had either withdrawn exemptions used to legalize marital rape, with the last states to do so being Oklahoma and North Carolina.[272]
  • Utah: In Beynon v. St. George-Dixie Lodge 1743,[273] the Utah Supreme Court ruled that while Freedom of Association allowed the Elks to remain a men-only organization, "the Elks may not avail itself of the benefits of a liquor license and the license's concomitant state regulation" as long as it violated the Utah State Civil Rights Act. Faced with losing their liquor licenses if they did not admit women, the Elks Lodges of Utah voted to become unisex in June,[274] which was followed by a vote at the Elks National Convention in July 1995 to remove the word male from the national membership requirements.[275]
1994
  • Madsen v. Women's Health Center, Inc. is a Supreme Court case where petitioners challenged the constitutionality of an injunction entered by a Florida state court which prohibits anti-abortion protesters from demonstrating in certain places and in various ways outside of a health clinic that performs abortions.[276] Its findings partly affirmed and reversed the judgment of the Florida Supreme Court.[277]
  • The Violence Against Women Act is a United States federal law signed by Clinton on September 13. It provided $1.6 billion towards the investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors chose to leave un-prosecuted. The Act also establishes the Office on Violence Against Women within the Department of Justice.[citation needed]
  • In 1994, the Equity in Athletics Disclosure Act, sponsored by congresswoman Cardiss Collins, mandates federally assisted higher education institutions to disclose information on roster sizes for men's and women's teams, as well as budgets for recruiting, scholarships, coaches' salaries, and other expenses, annually.[278]
  • J. E. B. v. Alabama ex rel. T. B. is a case in which the Supreme court decided that making peremptory challenges based solely on a prospective juror's sex is unconstitutional. J.E.B. extended the court's existing precedent in Batson v. Kentucky, which found race-based peremptory challenges in criminal trials unconstitutional, and Edmonson v. Leesville Concrete Company, which extended that principle to civil trials. As in Batson, the court found that sex-based challenges violate the Equal Protection Clause.[citation needed]
  • The Freedom of Access to Clinic Entrances Act is a United States law that was signed by Clinton in May, which included the prohibition of physical force, threat of physical force, or physical obstruction to impede or harm anyone who is obtaining or providing reproductive health services.[279][280]
1995
  • The 89th Illinois General Assembly enacts the Parental Notice of Abortion Act, which required physicians to give 48 hours' notice to the parent, grandparent or guardian of a minor seeking an abortion.[281] However, the law was enjoined by the courts for more than two decades.[282]
  • Women in Columbus, Ohio, gain the right to go topless.[245]
  • The Violent Crime Control and Law Enforcement Act requires the United States Sentencing Commission to increase the penalties for hate crimes committed on the basis of the actual or perceived gender, race, color, religion, national origin, or ethnicity of any person. In 1995, the Sentencing Commission implemented these guidelines, which only apply to federal crimes.[283]
1996
  • Fauziya Kasinga, a 19-year-old member of the Tchamba-Kunsuntu tribe of Togo, is granted asylum in 1996 after leaving an arranged marriage to escape female genital mutilation, setting a precedent in U.S. immigration law as it was the first time the practice was accepted as a form of persecution.[284] It was the first situation in which asylum was granted based on gender.[285]
  • United States v. Virginia was a landmark case in which the Supreme Court struck down the Virginia Military Institute's long-standing male-only admission policy in a 7–1 decision.[citation needed]
  • The Newborns' and Mothers' Health Protection Act is a piece of legislation relating to the coverage of maternity by health insurance plans in the United States of America. It is signed into law on September 26 and requires plans that offer maternity coverage to pay for at least a 48-hour hospital stay following childbirth (96-hour stay in the case of a caesarean section).[citation needed]
  • California: "The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."[286][non-primary source needed]
1997
  • New Hampshire: Governor Jeanne Shaheen signs legislation that repealed most of the abortion restrictions in place in the state.[287]
  • Kansas: State legislature passed the Woman's Right to Know Act, which requires, except in the case of a medical emergency, a 24-hour period between the time that the woman is informed in writing of legally-required information and the abortion.[288] [non-primary source needed]
  • The Federal Prohibition of Female Genital Mutilation Act is enacted.[289]
  • Schenck v. Pro-Choice Network of Western New York was a case heard before the Supreme Court related to legal protection of access to abortion. It ruled in an 8–1 decision that "floating buffer zones" preventing protesters approaching people entering or leaving abortion clinics were unconstitutional, though "fixed buffer zones" around the clinics themselves remained constitutional.[290]
  • The Domestic Violence Offender Gun Ban, often called "the Lautenberg Amendment",[291][292] is an amendment to the Omnibus Consolidated Appropriations Act of 1997, enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence.[non-primary source needed]
  • Yeaw v. Boy Scouts of America was a high-profile case filed in 1997 before the Supreme Court of California to determine whether the Boy Scouts of America is a business establishment within the meaning of the Unruh Civil Rights Act (Civ. Code, § 51) and does not have the right to exclude girls from membership.[293][294]
  • Gloria Allred represented Melrose Place actress Hunter Tylo in 1997 when producer Aaron Spelling fired her because she was pregnant.[295][296] A jury awarded Tylo $4.8 million. The case set a precedent for actors to continue work if they become pregnant.[297]
  • Montana: In 1997, the state legislature passes a law that said only physicians could perform abortions. After a lawsuit, they changed the law to allow nurse practitioners to perform abortions.[298]
1998
  • The Kentucky General Assembly passes legislation that required clinics to have an Abortion Clinic License if they wanted to operate. Part of this was a requirement for a transfer agreement between the clinic and a hospital and ambulance.[299]
  • Iowa: "All men and women are, by nature, free and equal and have certain inalienable rights—among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness."[300][non-primary source needed]
  • Florida: "Basic rights. All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability."[301][non-primary source needed]
  • Women in Moscow, Idaho, gained the right to go topless.[245]
  • Faragher v. City of Boca Raton was a Supreme Court case in which it identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment discrimination.[citation needed]
  • Burlington Industries, Inc. v. Ellerth is a landmark employment law case of the Supreme Court that held employers liable if supervisors create a hostile work environment for employees. The case also introduced a two-part affirmative defense allowing employers to avoid sex discrimination liability if they follow best practices.[citation needed]
  • Lois E. Jenson v. Eveleth Taconite Co. is the first class-action sexual harassment lawsuit in the United States. It was filed on behalf of Lois Jenson and other female workers at the EVTAC mine in Eveleth, Minnesota.[citation needed]
  • Miller v. Albright is a Supreme Court case in which the court upheld the validity of laws relating to U.S. citizenship at birth for children born outside the United States, out of wedlock, to an American parent.[citation needed]
  • In Gebser v. Lago Vista Independent School District, the Supreme Court rules that in order for a party to recover sexual harassment damages under Title IX of the Education Amendments of 1972, they must show that a school district official knew what was happening and was able to take measures to correct it if they wished, and that the educational establishment deliberately failed to respond properly.[302][non-primary source needed]
  • Oncale v. Sundowner Offshore Services is a case overseen by the Supreme Court. It claimed sex discrimination by a male oil-rig worker, who stated that he was repeatedly subjected to sexual harassment by his male co-workers with the acquiescence of his employer. The Court held that Title VII's protection against workplace discrimination "because of... sex" applied to harassment in the workplace between members of the same sex.[citation needed]
1999
  • In Davis v. Monroe County Board of Education, the Supreme Court rules that a school board can be held responsible under Title IX of the Education Amendments of 1972 for student-on-student sexual harassment.[303]

21st century

2000
2001
  • The Mexico City policy is reinstated by President George W. Bush, who implemented it through conditions in USAID grant awards, and subsequently extended the policy to "voluntary population planning" assistance provided by the Department of State.[citation needed]
  • Ferguson v. City of Charleston is a Supreme Court decision that found Medical University of South Carolina's policy regarding involuntary drug testing of pregnant women to violate the Fourth Amendment. The court stated that the search in question was unreasonable.[citation needed]
  • Nguyen v. INS is a Supreme Court case in which the court upheld the validity of laws relating to U.S. citizenship at birth for children born outside the United States, out of wedlock, or to an American parent. The court declined to overturn a more restrictive citizenship requirement applying to a foreign-born child of an American father and a non-American mother who was not married to the father, as opposed to a child born to an American mother under similar circumstances.[305][306]
2002
  • Center for Reproductive Law and Policy v. Bush is a case in which the United States Court of Appeals for the Second Circuit upheld the Bush administration's re-imposition of the Mexico City policy, which states that "the United States will no longer contribute to separate nongovernmental organizations which perform or actively promote abortion as a method of family planning in other nations".[citation needed]
  • In Apessos v. Memorial Press Group, a Massachusetts state court makes a ruling forbidding employers from firing domestic violence survivors who need to take time off from work to obtain a court order of protection.[307]
  • California: State legislature passes a law that says: "The state may not deny or interfere with a woman's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman."[308][309]
2003
2005
  • Jackson v. Birmingham Board of Education is a case in which the Supreme Court held that retaliation against a person because that person has complained of sex discrimination is a form of intentional sex discrimination encompassed by Title IX.[citation needed]
  • McCorvey v. Hill is a case in which the principal original litigant in Roe v. Wade,[316] Norma McCorvey, requested the overturning of Roe. The U.S. Court of Appeals for the Fifth Circuit ruled that McCorvey could not do this; the United States Supreme Court denied certiorari on February 22,[317] rendering the opinion of the Fifth Circuit final.[non-primary source needed]
  • Eduardo Gonzalez, et al. v. Abercrombie & Fitch Stores, Inc., et al., filed in June, alleges that Abercrombie & Fitch "violated Title VII of the Civil Rights Act of 1964 by maintaining recruiting and hiring practice that excluded minorities and women and adopting a restrictive marketing image, and other policies, which limited minority and female employment".[318][319] The female and Latino, African American, and Asian American plaintiffs charged that they were either not hired despite strong qualifications or if hired "they were steered not to sales positions out front, but to low-visibility, back-of-the-store jobs, stocking and cleaning up".[320] In April 2005, the U.S. District Court approved a settlement, valued at approximately $50 million, which required Abercrombie & Fitch to provide monetary benefits to the class of Latino, African American, Asian American and female applicants and employees who charged the company with discrimination.[320][321] The settlement, rendered as a Consent Decree, also required the company to institute a range of policies and programs to promote diversity among its workforce and to prevent discrimination based on race or gender.[318][321] Implementation of the Consent Decree continued into 2011. Abercrombie did not admit liability.[320]
  • The New York City Council passes a law requiring all new establishments falling under the terms of the legislation to maintain roughly a two-to-one ratio of women's bathroom stalls to men's stalls and urinals. Existing establishments were required to come into compliance when they undergo extensive renovations, while restaurants, schools, hospitals, and municipal buildings were excluded.[322][323]
  • The U.S. Deficit Reduction Act of 2005 (implemented in January 2007) prevented college health centers and many health care providers from participating in the drug pricing discount program, which formerly allowed contraceptives to be sold to students and women of low income in the United States at low cost.[citation needed]
  • Tennessee law previously stated that a person could be guilty of the rape of a spouse at a time they are living together only if that person either "was armed with a weapon or any article used or fashioned in a manner to lead the alleged victim to reasonably believe it to be a weapon" or "caused serious bodily injury to the alleged victim". This meant that, in practice, most cases of marital rape could not be prosecuted, since few rapes involve such extreme circumstances. The law was repealed in 2005, allowing for marital rape to be treated like any other type of rape.[324][325][326]
  • South Dakota's legislature passes five laws curtailing the legality of abortion in 2005.[327]
2006
  • Jespersen v. Harrah's Operating Co. is a United States federal employment law sex discrimination case. Darlene Jespersen was a 20-year employee at Harrah's Casino in Reno, Nevada. In 2000, Harrah's advanced a "Personal Best" policy, which created strict standards for employee appearance and grooming, which included a requirement that women wear substantial amounts of makeup. Jespersen was fired for non-compliance with its policy, and she argued the makeup requirement was contrary to her self-image, and that the requirement violated Title VII of the Civil Rights Act of 1964.[328][329] In 2001, Jespersen filed a lawsuit in United States District Court for the District of Nevada, which found against her claim. The district court opined that the policy imposed "equal burdens" on both sexes and that the policy did not discriminate based on immutable characteristics of her sex. The 9th Circuit Court of Appeals affirmed the decision, but on rehearing en banc, reversed part of its decision. The full panel concluded, in contrast to the previous rulings, that such grooming requirements could be challenged as sex stereotyping in some cases, even in view of the decision in Price Waterhouse v. Hopkins. However, the panel found that Jespersen had not provided evidence that the policy had been motivated by stereotyping, and affirmed the district court's finding for Harrah's.[330][331][332]
  • Khalid Adem, an Ethiopian American, is both the first person prosecuted and first person convicted for female genital mutilation in the United States,[333][334] stemming from charges that he had personally excised his two-year-old daughter's clitoris with a pair of scissors.[335][336][337]
  • On November 24, Title IX regulations are amended to provide greater flexibility in the operation of single-sex classes or extracurricular activities at the primary or secondary school level.[338]
  • Ayotte v. Planned Parenthood of Northern New England is a case presided over by the Supreme Court involving a facial challenge to New Hampshire's parental notification abortion law. The First Circuit had ruled that the law was unconstitutional and an injunction against its enforcement was proper. The Supreme Court vacated this judgment and remanded the case, but avoided a substantive ruling on the challenged law or a reconsideration of prior Supreme Court abortion precedent; it only addressed the issue of remedy, holding that invalidating a statute in its entirety "is not always necessary or justified, for lower courts may be able to render narrower declaratory and injunctive relief."[citation needed]
  • Governor Kathleen Blanco of Louisiana signs into law a ban on most forms of abortion (unless the life of the mother was in danger or her health would be permanently damaged) once it passed the state legislature. The bill only went into effect if the United States Supreme Court reversed Roe v. Wade, and would allow the prosecution of any person who performed or aided in an abortion. The penalties include up to 10 years in prison and a maximum fine of $100,000.[339]
  • In Burlington Northern & Santa Fe Railway Co. v. White, the standard for retaliation against a sexual harassment complainant is revised to include any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination.[citation needed]
  • The Michigan Civil Rights Initiative, or Proposal 2 (Michigan 06-2), was a ballot initiative that passed into Michigan constitutional law. It was a citizen initiative aimed at stopping discrimination based on race, color, sex, or religion in admission to colleges, jobs, and other publicly funded institutions – effectively prohibiting affirmative action by public institutions based on those factors.[340] Its constitutionality was challenged in federal court, but its constitutionality was ultimately upheld by the Supreme Court.[341]
2007
  • The New Hampshire Parental Notification Prior to Abortion Act is repealed.[311]
  • Massachusetts passes a law that established a 35-foot buffer zone around abortion clinics.[342] It was struck down in 2014.[342]
  • Gonzales v. Carhart is a Supreme Court case that upheld the Partial-Birth Abortion Ban Act of 2003.[343]
  • Ledbetter v. Goodyear Tire & Rubber Co. is an employment discrimination decision of the Supreme Court, stating that employers cannot be sued under Title VII of the Civil Rights Act of 1964 over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more. Justice Samuel Alito determined for the five-justice majority that each paycheck received did not constitute a discrete discriminatory act, even if affected by a prior decision outside the time limit. Ledbetter's claim of the "paycheck accrual rule" was rejected.[344]
  • Michael Buday and Diana Bijon enlists the American Civil Liberties Union (ACLU) and filed a discrimination lawsuit against the state of California. According to the ACLU, the obstacles facing a husband who wishes to adopt his wife's last name violated the equal protection clause provided by the 14th Amendment of the Constitution.[345] At the time of the lawsuit, only the states of Georgia, Hawaii, Iowa, Massachusetts, New York and North Dakota explicitly allowed a man to change his name through marriage with the same ease as a woman. As a result of the lawsuit, the Name Equality Act of 2007 was passed to allow either spouse to change their name, using their marriage license as the means of the change; the law took effect in 2009.[346][347]
2008
  • Nebraska: "(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.[....] (3) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting."[348]
  • Maouloud Baby v. State of Maryland[349] is a Maryland state court case relating to the ability to withdraw sexual consent.[350] The jury in the trial court convicted Baby of first degree rape and related charges, but the Court of Special Appeals, based upon a 1980 precedent that held that a rape could not legally occur if a woman withdrew consent after penetration,[351] reversed the conviction.[352] That precedent interpreted the English common law such that the withdrawal of consent following initial penetration did not make the act a rape. The court noted other states had noted that the act of intercourse is not completed at the initial penetration, and so consent could be withdrawn at any point during intercourse. For rape, the court noted that force or threat of force was a necessary element of the crime. Due to issues involving the instructions to the jury regarding rape and consent, the case was remanded for a new trial. In 2008, the Court of Appeals affirmed the Court of Special Appeals' reversal of the convictions and remand for re-trial, due to the trial court's error in failing to answer the jury's questions about whether a sex act continued after the withdrawal of consent could constitute rape if penetration had already occurred.[349] However, the court ruled that consent could be withdrawn at any time, even if the victim had initially consented.[353]
  • The Federal Bureau of Prisons mandates that in all federal correctional facilities, "inmates in labor, delivery, or post-delivery recuperations shall not be placed in restraints unless there are reasonable grounds to believe the inmate presents an immediate serious threat of hurting herself or others, or there are reasonable grounds to believe the inmate presents an immediate and credible risk of escape."[354]
  • In April, Bush signs the Second Chance Act into law, requiring all federal facilities to document and report "the use of physical restraints on pregnant female prisoners during pregnancy, labor, delivery, and post-delivery and justify the use of restraints with documented security concerns".[354]
2009
2010
2011
  • Wal-Mart v. Dukes is a Supreme Court case, in which the court, by a 5–4 decision, reversed the district court's decision to certify a class action lawsuit where the plaintiff class included 1.6 million women who currently work or have worked for Wal-Mart stores, including the lead plaintiff, Betty Dukes. Dukes, a current Wal-Mart employee, and others alleged gender discrimination in pay and promotion policies and practices in Wal-Mart stores.[368]
  • A New Hampshire parental notification law about abortion is passed again after the Republican-controlled House and Senate overrode Democratic governor John Lynch's veto.[369]
2012
  • Oklahoma: A fetal heartbeat bill (SB 1274) is signed into law by then-Oklahoma governor Mary Fallin that required an abortion provider to offer a woman the opportunity to hear the conceptus's heartbeat before ending the pregnancy, and applied when the conceptus was at least eight weeks old. The bill took effect later in the year.[370]
  • New Hampshire passes a law that requires minors to wait 48 hours after requesting an abortion but no longer required parental consent.[287][371][372]
  • Mississippi state legislature passed a law that required abortion clinics to have doctors on staff with hospital admitting privileges.[373]
  • Arizona Governor Jan Brewer signed into law in April abortion restrictions that prohibited the procedure after 20 weeks.[374][375] The U.S. Ninth Circuit Court of Appeals overturned this law in January 2015.[374][375][376]
  • In Planned Parenthood v. Rounds, the United States Court of Appeals for the Eighth Circuit ruled that a South Dakota law requiring doctors to give patients information about the potential suicide risk in women who have abortions was not unconstitutional.[377]
  • An item in the Provisions of the Patient Protection and Affordable Care Act, effective August 1, states that all new health insurance plans must cover certain preventive services such as mammograms and colonoscopies without charging a deductible, co-pay or coinsurance. Women's preventive services – including well-woman visits; gestational diabetes screening; human papillomavirus DNA testing for women age 30 and older; sexually transmitted infection counseling; human immunodeficiency virus screening and counseling; FDA-approved contraceptive methods and contraceptive counseling; breastfeeding support, supplies and counseling; and domestic violence screening and counseling – will be covered without cost sharing.[378] The requirement to cover FDA-approved contraceptive methods is also known as the contraceptive mandate.[379][380]
2013
  • Ohio passes a Targeted Regulation of Abortion Providers bill containing provisions related to admitting privileges and licensing and requiring clinics to have a transfer agreement with a hospital.[381]
  • A law is signed in Ohio by Governor John Kasich, which mandates, among other things, that doctors who do not test for a fetal heartbeat when a patient seeks an abortion, tell the patient in writing if there is a heartbeat, and then tell them the statistical likelihood that the fetus could be carried to term, are subject to criminal penalties: "The doctor's failure to do so would be a first-degree misdemeanor, carrying up to six months in jail, for the first violation and a fourth-degree felony, carrying up to 18 months in jail, for subsequent violations."[382]
  • A bill banning abortion after twelve weeks is passed on January 31 by the Arkansas Senate,[383][384] but vetoed in Arkansas by Governor Mike Beebe. On March 6, his veto was overridden by the Arkansas House of Representatives.[384][385] A federal judge issued a temporary injunction against the Arkansas law in May,[386] and in March 2014, it was struck down by federal judge Susan Webber Wright, who described the law as unconstitutional.[387]
  • The Transport for Female Genital Mutilation Act, which prohibits knowingly transporting a girl out of the United States for the purpose of undergoing FGM, is enacted.[388]
  • On March 7, Obama signs the Violence Against Women Reauthorization Act of 2013.[389] The renewed act expanded federal protections to gays, lesbians and transgender individuals, Native Americans and immigrants.[390][391][392]
  • Kansas lawmakers approve sweeping anti-abortion legislation on April 6 that says life begins at fertilization, forbids abortion based on gender, and bans Planned Parenthood from providing sex education in schools.[393]
  • Washington renounces the exemption preventing a spouse from being prosecuted with third-degree-rape against the other spouse.[394]
2014
  • Arkansas: A bill banning abortion after twelve weeks is passed on January 31, 2013, by the state senate,[383][384] but vetoed in Arkansas by Beebe. On March 6 of the same year, his veto was overridden by the Arkansas House of Representatives.[384][385] A federal judge issued a temporary injunction against the Arkansas law in May 2013,[386] and in March 2014, it was struck down by Wright, who described the law as unconstitutional.[387]
  • The Board of Immigration Appeals, America's highest immigration court, found for the first time that women who were victims of severe domestic violence in their home countries could be eligible for asylum in the United States.[395] As the ruling was in the case of a woman from Guatemala, it only applies to women from that country.[395]
  • Burwell v. Hobby Lobby is a landmark decision[396][397] by the Supreme Court allowing closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest. It is the first time that the court has recognized a for-profit corporation's claim of religious belief,[398] but it is limited to closely held corporations.[a] The decision is an interpretation of the Religious Freedom Restoration Act and does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution. For such companies, the court's majority decision directly struck down the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act requiring employers to cover certain contraceptives for their female employees, by a 5–4 vote.[399] The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the court issued an injunction three days later, effectively ending said alternative, replacing it with a government-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control.[400]
  • McCullen v. Coakley is a case looked over by the Supreme Court, where it unanimously held that Massachusetts' 35-feet fixed abortion buffer zones, established via amendments to that state's Reproductive Health Care Facilities Act, violated the First Amendment to the U.S. Constitution because it limited free speech too broadly.[citation needed]
  • Oregon: "Equality of rights under the law shall not be denied or abridged by the state of Oregon or by any political subdivision in this state on account of sex."[401][non-primary source needed]
  • Louisiana passes a law that appeared to require the state to maintain a database of women who had abortions in the state and the type of abortion received.[402]
  • Louisiana: Act 620, modeled after one passed earlier in Texas, required that any doctor performing abortions also have admittance privileges at an authorized hospital within a 30-mile radius of the abortion clinic, among other new requirements. At the time the law was passed, only one doctor had these privileges, effectively leaving only one legal abortion clinic in the state.[403]
2015
  • Arizona: Brewer signed into law in April 2012 abortion restrictions that prohibited the procedure after 20 weeks.[374][375] The U.S. Ninth Circuit Court of Appeals overturned this law in January 2015.[374][375][376]
  • Tennessee establishes a required 48-hour waiting period before obtaining an abortion.[404]
  • Kansas becomes the first state in the United States to ban the dilation and evacuation procedure.[405] The law was later struck down by the Kansas Court of Appeals in January 2016 without ever having gone into effect.[406]
  • The Obama administration issues a new rule stating that a closely held for-profit company that objects to covering contraception in its health plan can write a letter to the Department of Health and Human Services stating its objection, and that the Department will then notify a third-party insurer of the company's objection, who will provide birth control coverage to the company's female employees at no additional cost to the company.[407]
  • A policy update requires all Indian Health Service-run pharmacies, clinics, and emergency departments to have Plan B One-Step in stock to distribute it to any woman (or her representative) who asked for it without a prescription, age verification, registration or any other requirement, to provide orientation training to all staff regarding the medication, to provide unbiased and medically accurate information about emergency contraception, and to make someone available at all times to distribute the pill in case the primary staffer objected to providing it on religious or moral grounds.[408]
  • Pao v. Kleiner Perkins is a lawsuit filed in 2012 in San Francisco County Superior Court under the law of California by executive Ellen Pao for gender discrimination against her employer, Kleiner Perkins Caufield & Byers. Overlapping with a number of studies on the representation of women in venture capital, the case was followed closely by reporters, advocacy groups and Silicon Valley executives.[409] Given the tendency for similar cases to reach settlements out of court, coverage of Pao v. Kleiner Perkins described it as a landmark trial once it began in February.[410][411] On March 27, the jury found in favor of Kleiner Perkins on all counts.[citation needed]
  • In the Supreme Court case Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., the court determines that Congress specifically intended to include disparate impact claims in the Fair Housing Act, but that such claims require a plaintiff to prove it is the defendant's policies that cause a disparity.[412] The Fair Housing Act prohibits discrimination based on sex.[413]
  • Young v. United Parcel Service is a Supreme Court case, in which the court evaluated the requirements for bringing a disparate treatment claim under the Pregnancy Discrimination Act.[414] In a 6–3 decision, the court determined that to bring such a claim, a pregnant employee must show that their employer refused to provide accommodations and that the employer later provided accommodations to other employees with similar restrictions.[414][dead link]
  • California: Based on a report prepared by NARAL Pro-Choice America, which alleged that Crisis Pregnancy Centers (CPCs) were providing misleading and inaccurate information,[415] state legislature passes the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act in October. It required any licensed healthcare facility that provided care services related to pregnancies to post a notice that stated "California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women." The law set provisions where this notice was to be posted and established civil fines if facilities did not comply.[416]
2016
  • The FACT Act of New York state made patients aware of state-sponsored services that are available at crisis pregnancy centers.[417] The law goes into effect January 1.[418][non-primary source needed]
  • Zubik v. Burwell is a case seen before the Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the HHS under the Affordable Care Act that requires non-church employers to cover certain contraceptives for their female employees, even though churches are already exempt under those regulations.[419] On May 16, the Supreme Court issued a per curiam decision ruling in Zubik v. Burwell that vacated the decisions of the Circuit Courts of Appeals and remanded the case "to the respective United States Courts of Appeals for the Third, Fifth, Tenth, and D.C. Circuits" for reconsideration in light of the "positions asserted by the parties in their supplemental briefs".[420] Because the petitioners agreed that "their religious exercise is not infringed where they 'need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception'", the court held that the parties should be given an opportunity to clarify and refine how this approach would work in practice and to "resolve any outstanding issues".[421] The Supreme Court expressed "no view on the merits of the cases".[422] In a concurring opinion, Justices Sotomeyer and Ginsburg noted that in earlier cases "some lower courts have ignored those instructions" and cautioned lower courts not to read any signals in the Supreme Court's actions in this case.[423]
  • Voisine v. United States is a Supreme Court case in which it determined that reckless misdemeanor domestic violence convictions trigger gun control prohibitions on gun ownership.[424][425][426]
  • Whole Woman's Health v. Hellerstedt is a Supreme Court case decided on June 27 when it ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion. It has been called the most significant abortion rights case before the Supreme Court since Planned Parenthood v. Casey in 1992.[427]
  • The Survivors' Bill of Rights Act of 2016 is passed by the United States Congress in September and signed into law by Obama on October 7. The law overhauls the way that rape kits are processed within the United States and creates a bill of rights for victims. Through the law, survivors of sexual assault are given the right to have a rape kit preserved for the length of the case's statute of limitations, to be notified of an evidence kit's destruction, and to be informed about results of forensic exams.[428][non-primary source needed]
  • The Obama administration issues guidance that informed states that ending Medicaid funding for Planned Parenthood or other health-care providers that performed abortions might be against federal law. The Obama administration contended that Medicaid law permitted states to ban providers from the program only if the providers could not perform covered services or bill for those services. However, the Trump administration repealed this guidance in 2018.[429]
  • A 2016 Alabama law bans dilation and evacuation.[430] In August 2018, the Eleventh Circuit ruled the D&E legislation to be unconstitutional, preventing it from being enforced.[431]
  • South Carolina governor Nikki Haley signs legislation that brought into effect a 20-week abortion ban in 2016.[432]
2017
  • A law passed by the Wyoming state legislature goes into effect that prohibits the sale of fetal tissue. Another law went into effect in the state that required abortion service providers to give women seeking abortions an ultrasound, but had no enforcement component.[373]
  • The 100th Illinois General Assembly repealed the trigger law component of the Illinois Abortion Law of 1975, but left many of its other provisions intact. In the same act, the General Assembly provided for abortion to be covered under Medicaid and state employee health insurance. The bill was signed into law by pro-choice Republican governor Bruce Rauner.[433]
  • The Mexico City policy is reinstated by President Donald Trump,[434] who also expands it to cover all global health organizations that receive U.S. government funding, rather than only family planning organizations that do, as was previously the case.[435]
  • A new law ends Obama's executive order, which would have mandated companies trying to get contracts with the federal government to show compliance with federal anti-discrimination laws.[436] That executive order had been enjoined by a federal judge in October 2016.[437]
  • A rule about abortions is overturned by new legislation.[438] In late 2016, the Obama administration issued the rule, effective in January 2017, banning U.S. states from withholding federal family-planning funds from health clinics that give abortions, including Planned Parenthood affiliates; this rule mandates that local and state governments give federal funds for services related to sexually transmitted infections, pregnancy care, fertility, contraception, and breast and cervical cancer screening to qualified health providers whether or not they give abortions.[439] The rule was blocked by a federal judge the day before it would have taken effect.[440]
  • The Ninth U.S. Circuit Court of Appeals rules that employers could pay women less than men for the same work if they based that on differences in the workers' previous salaries.[441]
  • The Trump administration issues a ruling letting insurers and employers refuse to provide birth control if doing so went against their "religious beliefs" or "moral convictions".[442]
  • Federal judge Wendy Beetlestone issues an injunction temporarily stopping the enforcement of the Trump administration ruling letting insurers and employers refuse to provide birth control if doing so went against their "religious beliefs" or "moral convictions".[442][443]
  • Delaware's state legislature updates its legal code on abortion to read: "The termination of a pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly."[264][444]
  • The Reproductive Health Equity Act is passed, which required health insurance in Oregon to offer abortion coverage and to absorb most of the costs for the procedure.[445][446][447]
2018
  • The Trump administration repeals guidance issued in 2016 by the Obama administration, which had informed states that ending Medicaid funding for Planned Parenthood or other health-care providers that performed abortions might be against federal law. The Obama administration had contended that Medicaid law permitted states to ban providers from the program only if the providers could not perform covered services or bill for those services.[429]
  • National Institute of Family and Life Advocates v. Becerra is a case before the Supreme Court addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the 14th Amendment."[448] The Court ruled on June 26 in a 5–4 decision that the notices required by the FACT Act violate the First Amendment by targeting speakers rather than speech.[449]
  • A law is signed making California the first state in America to require women to be included on companies’ boards of directors, and requires all publicly traded California companies to have at least one woman on their boards by the end of 2019, and in 2021 requires five-member boards to have two female members, and boards with six or more members to have three.[450]
  • The Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) are the U.S. Senate and House bills that as the FOSTA-SESTA package became law on April 11. They clarify the country's sex trafficking law to make it illegal to knowingly assist, facilitate, or support sex trafficking, and amend the Section 230 safe harbors of the Communications Decency Act (which make online services immune from civil liability for the actions of their users) to exclude enforcement of federal or state sex trafficking laws from its immunity.[citation needed]
  • On November 20, Judge Bernard A. Friedman rulea that the federal Female Genital Mutilation Act of 1996 was unconstitutional. The defendants in this case which led to this ruling had argued successfully that the practice does not pertain to the Commerce Clause under which the federal law was passed.[451]
  • The First Step Act becomes law, requiring the Federal Bureau of Prisons to make feminine hygiene products "available to prisoners for free, in a quantity that is appropriate to the healthcare needs of each prisoner".[452][453] It also prohibits the use of restraints on pregnant women unless the woman "is an immediate and credible flight risk that cannot reasonably be prevented by other means" or "poses an immediate and serious threat of harm to herself or others that cannot reasonably be prevented by other means" or "a healthcare professional responsible for the health and safety of the prisoner determines that the use of restraints is appropriate for the medical safety of the prisoner." For those situations in which restraints are allowed, the legislation mandates the use of the least restrictive restraints necessary,[454] but only applies to federal prisons.[452]
  • Indiana: "The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens."[455][non-primary source needed]
  • Mississippi: District Judge Carlton Reeves blocked a law banning abortion at 15 weeks from taking effect.[456]
  • The Violence Against Women Act expirea on December 21.[citation needed]
  • In April and June, Ketanji Brown Jackson of the United States District Court for the District of Columbia presides over two cases challenging the Department of Health and Human Services' decision to terminate grants for teen pregnancy prevention programs two years early.[457] Jackson ruled that the decision to terminate the grants early, without any explanation for doing so, was arbitrary and capricious.[458]
  • A 2016 Alabama law that banned dilation and evacuation is overturned in August 2018 by the Eleventh Circuit.[431]
  • Arizona state legislature passes a law that requires the Arizona Health Department to apply for Title X funds as part of their attempts to defund Planned Parenthood.[459]
  • Iowa: On May 4, Governor Kim Reynolds signs into law a bill that banned abortion in Iowa after a fetal heartbeat is detected, starting July 1.[460] On January 22, 2019, a county district judge declared the law to be in violation of Iowa's State Constitution and entered a permanent injunction prohibiting its enforcement.[461]
2019
  • Arizona: On January 1, a new law came into effect that required women to provide detailed medical information that was to be submitted to the state before they were allowed to have an abortion. Among the information the new law required abortion providers to collect was whether the abortion was elective or therapeutic, the number of abortions they have had in the past and information on any medical complications they have as a result of the abortion. This information is then collected by Department of Health Services who provide the state with an annual report on abortions in the state, along with information on the how abortions are paid for in the state.[374]
  • Iowa: On January 22, a county district judge declares the law Reynolds signed on May 4, 2018, to be in violation of Iowa's State Constitution and entered a permanent injunction prohibiting its enforcement.[461]
  • National Coalition for Men v. Selective Service System is a court case decided on February 22 that declared that the exclusion of female conscription from the male-only draft in the United States was unconstitutional. The case did not specify any action that the government must take.[462]
  • Minnesota: Until July 2019, sexual violence occurring between spouses at the time they cohabit or between unmarried partners could be prosecuted only if there was force or threat of thereof, due to exemptions created by Article 609.349, which stipulated that certain sexual offenses do not apply to spouses (unless they are separated), and neither do they apply to unmarried cohabitants. In July these exemptions were repealed.[463][464]
  • The Trust Nevada Women Act, SB 179, is signed into law by Democratic governor Steve Sisolak. The new law made several changes to existing abortion laws in the state of Nevada, including the decriminalization of abortion procedures and the removal of informed consent laws that said doctors needed to tell women of the "emotional implications" in having an abortion and what women should do after the procedure to avoid post-op complications; the latter was changed to require doctors to "describe the nature and consequences of the procedure" of abortion to women getting abortions. The law also meant doctors no longer had to collect data about women getting abortions related to their marital status and age.[465][466]
  • Box v. Planned Parenthood of Indiana and Kentucky, Inc. is a Supreme Court case dealing with the constitutionality of a 2016 anti-abortion law passed in the state of Indiana. Indiana's law sought to ban abortions performed solely on the basis of the fetus' gender, race, ethnicity, or disabilities. Lower courts had blocked enforcement of the law for violating a woman's right to abortion under privacy concerns within the Fourteenth Amendment, as previously found in Roe v. Wade and Planned Parenthood v. Casey. The lower courts also blocked enforcement of another portion of the law that required the disposal of aborted fetuses through burial or cremation. The per curiam decision by the Supreme Court overturned the injunction on the fetal disposal portion of the law, but otherwise did not challenge or confirm the lower courts' ruling on the non-discrimination clauses, leaving these in place.[citation needed]
  • In June, the Trump administration is allowed by a federal court of appeals to implement, while legal appeals continue, a policy restricting taxpayer dollars given to family planning facilities through Title X. This policy requires that companies receiving Title X funding must not mention abortion to patients, provide abortion referrals, or share space with abortion providers.[467][468]
  • A federal lawsuit in the Tenth Circuit regarding Fort Collins's ordinance against female toplessness is won at the appellate level. In September, after spending over $300,000, Fort Collins decided to stop defending their ordinance against female toplessness and repeal it. That effectively gave females of all ages the right to go topless wherever males can in the jurisdiction of the Tenth Circuit (Wyoming, Utah, Colorado, New Mexico, Kansas and Oklahoma states as well as all counties and cities therein).[469]
  • Delaware: "Equality of rights under the law shall not be denied or abridged on account of sex."[470][non-primary source needed]
  • A federal judge declares the Trump administration's "conscience rule" that would have allowed providers of health care to refuse to participate in sterilizations, abortions, or other types of care they disagreed with on moral or religious grounds to be unconstitutional.[471]
  • The Fifth U.S. Circuit Court of Appeals declares that Mississippi's ban on abortion at 15 weeks was unconstitutional; the court said Reeves ruled correctly when he blocked the Mississippi law banning abortion at 15 weeks from taking effect in 2018.
  • On May 20, the California State Senate passes Senate Bill 24: the College Student Right to Access Act. The Act requires public state universities to offer mifepristone, the abortion pill, to female students at zero cost by January 1, 2023; funding for the program will be paid for through insurance and private grants with $200,000 to each University of California and California State University health clinic for training and equipment. University clinics also have to set aside an additional $200,000 each to set up a student hotline to provide information to women seeking advice and assistance.[472] The bill was approved by both the California State Assembly and California State Senate as amended on September 13, 2019, was enacted by Governor Gavin Newsom on October 11, 2019, and went into effect on January 1, 2020.[473]
  • Illinois passes bills collectively known as the Illinois Reproductive Health Act that provided statutory protections for abortions, and rescinded previous legislation that banned some late-term abortions and a 45-year-old law that had made performing such abortions a criminal offense.[474][475][476] The Illinois Reproductive Health Act says that women have the "fundamental right" to access abortion services, and that a "fertilized egg, embryo, or fetus does not have independent rights".[477]
  • A fetal heartbeat bill is signed into law by Mississippi Governor Phil Bryant.[478]
  • Indiana legislature passes a ban of the most common type of second-trimester abortion procedure in the state in April 2019.[479]
  • In April, the Kansas Supreme Court rules that the right to abortion is inherent within the state's constitution and bill of rights, such that even if Roe v. Wade was overturned and the federal protection of abortion rights was withdrawn, the right would still be allowed within Kansas, barring a change in the state constitution.[480]
  • Before 2019, Kentucky law prohibits abortions after week 22, which changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year.[481]
  • U.S. District Judge William Osteen formally strikes down North Carolina's "life of the mother only" 20-week abortion ban. His judgement pushed the date of which abortions could be performed to the date of viability, which is later for many women.[482][483]
  • New York state passes the Reproductive Health Act, which repealed a pre-Roe v. Wade provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life.[484][485][486] The law said: "The legislature finds that comprehensive reproductive health care, including contraception and abortion, is a fundamental component of a woman's health, privacy, and equality."[486] The bill also allowed qualified health practitioners to perform abortions, not just licensed medical doctors.[486][487][488]
  • The Reproductive Privacy Act bans Rhode Island from restricting “an individual person from preventing, commencing, continuing, or terminating that individual's pregnancy prior to fetal viability” or after fetal viability “to preserve the health or life” of the pregnant individual. It also forbade state restrictions on contraceptives in Rhode Island, repealed bans on partial-birth abortions in Rhode Island, forbade medical professionals from being charged with felony assault for performing abortions in Rhode Island, and repealed requirements for abortion providers to notify a husband before giving his wife an abortion in Rhode Island.[489]
  • Ohio governor Mike DeWine signs the Human Rights and Heartbeat Protection Act, which bans abortion in the state after an embryonic cardiac activity is detectable. On June 24, 2022, after the Supreme Court of the United States overturned Roe v. Wade, judge Michael R. Barrett lifted a preliminary injunction that had blocked state officials from enforcing the law against certain abortion providers, allowing the Human Rights and Heartbeat Protection Act to take full effect.[490][491]
  • Utah legislature passes a bill limiting abortions after 18 weeks of pregnancy.[492]
2020
  • Democratic Virginia governor Ralph Northam signs bills removing regulations that had required abortion seekers to have an ultrasound at least 24 hours before receiving an abortion and to get counseling on alternatives to abortion, removing the requirement that facilities providing more than five abortions each year be designated as hospitals, and allowing nurse practitioners to perform first trimester abortions.[493]
  • In March, Oklahoma governor Kevin Stitt signs an executive order to limit elective medical procedures, later confirming that all types of abortion services were included, except for those necessary in a medical emergency or to "prevent serious health risks" to the pregnant woman. On April 6, federal judge Charles Barnes Goodwin blocked the executive order, ruling that the state acted in an arbitrary, unreasonable, and oppressive way, which posed an undue burden on abortion access in Oklahoma.[494]
  • On March 24, Idaho governor Brad Little signs into law S1385, which is a trigger law stating that if and when states are again allowed to ban abortion on their own authority then abortion would be illegal in Idaho except for cases of the life of the mother, rape or incest.[495][496][497]
  • June Medical Services, LLC v. Russo is a Supreme Court case, in which the court ruled that a Louisiana state law placing hospital-admission requirements on abortion clinics doctors, which had mirrored a Texas state law previously found unconstitutional under Whole Woman's Health v. Hellerstedt, was also unconstitutional.[citation needed]
  • After the passage of the ROE Act in 2020, which codified abortion rights in Massachusetts, abortions can be performed after 24 weeks in cases of fetal anomalies and risks to a patient's mental or physical health. The ROE Act also lowered the age patients can have abortions without parental consent from 18 to 16.[498]
  • A law is enacted in Mississippi banning abortions based on the sex, race, or genetic abnormality of the fetus.[499]
  • Our Lady of Guadalupe School v. Morrissey-Berru is a U.S. Supreme Court case involving the ministerial exception of federal employment discrimination laws. The case, along with the consolidated St. James School v. Biel (Docket 19-348), arose from rulings in the United States Court of Appeals for the Ninth Circuit that found that federal discrimination laws do apply to others within a religious organization that serve an important religious function but lack the title or training to be considered a religious leader under Hosanna-Tabor. The religious organization challenged that ruling on the basis of Hosanna-Tabor. The Supreme Court ruled in a 7–2 decision on July 8 that reversed the Ninth Circuit's ruling, affirming that the principles of Hosanna-Tabor, that a person can be serving an important religious function even if not holding the title or training of a religious leader, satisfied the ministerial exception in employment discrimination.[citation needed]
  • On October 6, 2017, Health and Human Services issued a new rule with an updated religious exemption that protected religious non-profits,[500] though Beetlestone issued an injunction temporarily stopping the enforcement of that exemption.[442][443] Pennsylvania also sued the federal government to take away the exemption,[501] and asked a judge to order that the Little Sisters of the Poor must comply with the federal mandate or pay tens of millions of dollars in fines.[502] The state alleged that the religious organization violated the Constitution, federal anti-discrimination law, and the Administrative Procedure Act (APA).[503] On July 8, in Little Sisters of the Poor v. Pennsylvania, the Supreme Court ruled against and in favor of Little Sisters of the Poor.[503][504]
  • National Coalition for Men v. Selective Service System was a court case decided on February 22, 2019, whose decision declared that the exclusion of female conscription from the male-only draft in the United States was unconstitutional; the decision did not specify any action that the government must take.[462] The decision was appealed[505] and a decision by a three-judge panel of the Fifth Circuit Court of Appeals was issued on August 13, 2020, reversing the 2019 decision on the grounds that it amounted to overturning the Supreme Court's precedent, which only the Supreme Court has the authority to do.[506][507]
  • Louisiana voters pass a measure to amend the state constitution to omit any language implying that a woman has a right to get an abortion or that any abortion that does occur should be funded.[508]
  • Tennessee bans abortions because of a prenatal diagnosis of Down syndrome or because of the fetus's gender or race.[509]
  • The city of East Lansing, Michigan, makes it legal for women to go topless.[510]
  • Ohio: A bill is signed into law requiring all aborted fetal tissue to be cremated or buried.[511]
2021
  • South Dakota governor Kristi Noem signs an executive order requiring in-person medical visits for the prescription of medication abortions.[512]
  • In January, New Jersey governor Phil Murphy signs the Freedom of Reproductive Choice Act into law, preserving the legal right to obtain an abortion.[513]
  • Indiana: A law goes into effect in mandating an ultrasound 18 hours or more before an abortion is performed.[514]
  • The STOP FGM Act of 2020 is signed into law, giving federal authorities the power to prosecute those who carry out or conspire to carry out female genital mutilation, as well as increasing the maximum prison sentence from five to ten years.[515]
  • The Supreme Court reinstates federal rules mandating anyone having a medication abortion to acquire the pills for it from a medical provider in person.[516]
  • President Joe Biden rescinds the Mexico City policy.[517]
  • In February, South Carolina passes a law that would outlaw almost all abortions in that state after a fetal heartbeat is detected, but it was prevented from coming into effect by a judge in March 2021.[518]
  • The Minnesota Supreme Court rules that people who drink alcohol or take drugs of their own free will before being sexually assaulted do not meet the Minnesota legislature's definition of mentally incapacitated.[519]
  • Utah: A law goes into effect, requiring the biological father of a pregnant woman's unborn child to pay 50% of that pregnant woman's out-of-pocket pregnancy-related medical costs.[520]
  • In autumn, the Illinois General Assembly passes a bill to repeal the Parental Notice of Abortion Act.[521] Governor Pritzker signs it into law on December 17.[522]
  • Lebanon, Ohio, passes an ordinance whereby abortion at all stages of pregnancy was outlawed.[523]
  • Mason, Ohio, bans abortion at all stages, but is repealed later that year.[524][525]
2022
  • On January 1, a bill passes that required patients receiving abortion care at a health center in New Hampshire to have an ultrasound.[526]
  • On March 15, Biden signs the reauthorization of the Violence Against Women Act into law as part of the Consolidated Appropriations Act of 2022, known as the Violence Against Women Act Reauthorization Act of 2022.[527][528]
  • In April, Colorado passes the Reproductive Health Equity Act, which guarantees access to reproductive care and affirms the rights of pregnant women to continue or terminate a pregnancy.[529][530]
  • On April 14, House Bill 3 is passed in Kentucky;[531] it banned all abortions in the state after 15 weeks post-conception and introduced a number of regulations and restrictions, including a prohibition on mailing abortion pills, new systems to certify, monitor and publicly name physicians who conduct abortion procedures, "dignified care for the terminated remains of pregnancy loss", and mandatory disclosure of patient information.[532] As the infrastructure was not in place for these new requirements, the two abortion clinics operating in Kentucky shut down, making abortion de facto illegal in the state. In response, abortion-rights activists sued the state to challenge the law, with Planned Parenthood and the ACLU stating that the law unconstitutionally bans abortion by introducing requirements that can't be followed or are too arduous to comply with and that it violates patient privacy protections. The law is blocked in federal court later in 2022.[533][534]
  • Oklahoma's abortion ban takes effect on May 25, when Stitt signed HB 4327 into law, and abortion providers ceased offering services in Oklahoma as of that date.[535][536] HB 4327 is modeled after the Texas Heartbeat Act and is enforced solely through civil lawsuits brought by private citizens, making it difficult for abortion providers to challenge the constitutionality of the statute in court.[537][538] The state became the first to ban abortion from the moment of fertilization since Roe v. Wade.[539]
  • The United States Court of Appeals for the Fourth Circuit rules against the Charter Day School in North Carolina, which required girls to wear skirts due to the idea that girls are "fragile vessels" deserving "gentle" treatment from boys. The court ruled the requirement was unconstitutional.[540]
  • A law is signed requiring the Department of Education to supply free menstrual products to all students on all public school campuses in Hawaii.[541]
  • On June 17, the Iowa Supreme Court ruled that the state constitution does not protect the right to an abortion.[542] Justice Edward Mansfield wrote in the majority that “[a]ll we hold today is that the Iowa Constitution is not the source of a fundamental right to an abortion necessitating a strict scrutiny standard of review for regulations affecting that right”.[542] The court's decision is a reversal of its 2018 ruling, where it found that the constitution protects the right to an abortion.[542]
  • Dobbs v. Jackson Women's Health Organization is a decision by the Supreme Court, in which it determined that the Constitution of the United States does not confer any right to abortion, overruling both Roe v. Wade and Planned Parenthood v. Casey.[543][544]
  • Kentucky: On June 24, the 2019 trigger law took effect after the ruling for Dobbs v. Jackson Women's Health Organization was delivered. It made all abortions illegal except when medically mandatory to prevent the patient from dying or getting a "life-sustaining organ" permanently impaired. Both clinics in the state temporarily stopped providing abortions.[545][546]
  • Utah: According to HB136, which is effective Utah state law from June 28, abortions are banned following 18 weeks of gestation.[547]
  • Kentucky: On June 30, Jefferson County circuit judge Mitch Perry issues a temporary restraining order blocking the enforcement of Kentucky's abortion-banning trigger law pending further hearings to determine if the ban violates the Kentucky Constitution. This order temporarily allows both of Kentucky's elective abortion providers, which are both located in Louisville, to temporarily resume elective abortions.[548]
  • Biden signs Executive Order 14076, which directs the Department of Health and Human Services to expand access to contraceptives, requests the Federal Trade Commission protect patients' reproductive health privacy, and directs the Department of Justice to organize a group of pro bono lawyers to defend women charged with having an abortion.[549][550]
  • The Biden administration issues guidance stating that due to federal law, pharmacies are not allowed to turn away people who have a prescription for a drug that might end a pregnancy.[551]
  • A legislative committee passes a proposed law to the House floor in Louisiana that would have potentially criminalized abortion seekers, as well as abortion providers, which was met with vehement opposition by both pro- and anti-abortion advocates and ultimately amended by the full House to remove criminal sanctions for abortion seekers, passed into law and signed by Governor John Bel Edwards.[552]
  • The Abortion Care Access Act is enacted in Maryland; it allows a broader range of healthcare workers—nurse practitioners, nurse midwives, and physician assistants—to perform abortions and allocates $3.5 million to a new program within the Maryland Department of Health to train healthcare workers. It also requires the majority of health insurance plans, including private health insurance plans, to cover abortions cost free.[553]
  • Missouri: On June 24, following the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization, Missouri attorney general Eric Schmitt signs a proclamation bringing into effect the state's trigger law, banning all non-medically necessary abortions.[554]
  • Mississippi: A law outlawing abortion in Mississippi took effect on July 7 after Mississippi State attorney general Lynn Fitch certified the June 24 Supreme Court decision on Dobbs v. Jackson Women's Health Organization.[555]
  • Tennessee: Due to the trigger law prohibiting abortion from the point of fertilization which was adopted on April 22, 2019, abortion became illegal from the point of conception on July 25, 2022.[556]
  • Wyoming's legislature passes HB92 in the 2022 legislative session, a trigger law meant to ban abortion soon after the overturn of Roe v. Wade except for cases of rape, incest (reported to law enforcement) and serious risk of death or "substantial and irreversible physical impairments" for the pregnant woman.[557] It was blocked by Ninth District Court Judge Melissa Owens the day it took effect (July 27).[558][559]
  • Abortion in North Dakota has become mostly illegal since July 28, 2022[560][561] when the state's trigger law, following the Supreme Court ruling to overturn Roe v. Wade went into effect.[562] The trigger law bans all abortions except to save the life of the mother or in the case of rape or incest, and is reported to law enforcement.[563]
  • In Hobbs, New Mexico, a local ordinance is passed in November to prevent abortion clinics from operating.[564]
  • Nantucket, Massachusetts, legally allows for women to be topless at beaches; previously, women could be fined $300 and receive a penalty of up to three years in prison if they did so.[565]
  • In December, the Violence Against Women Act is amended to include Native Hawaiian survivors of gender-based violence and Native Hawaiian organizations in Violence Against Women Act grant funding.[566]
2023
  • On January 1 a law goes into effect in Rhode Island, mandating equal pay for “comparable work” (defined as work requiring substantially similar skill, effort and responsibility and performed under "similar working conditions") regardless of gender, race, sexual orientation, religion, nationality, age or disability.[567]

See also

Notes

  1. ^ "Closely held" corporations are defined by the Internal Revenue Service as those which a) have more than 50% of the value of their outstanding stock owned (directly or indirectly) by 5 or fewer individuals at any time during the last half of the tax year; and b) are not personal service corporations. By this definition, approximately 90% of U.S. corporations are "closely held", and approximately 52% of the U.S. workforce is employed by "closely held" corporations. See Blake 2014, Washington Post.

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August 22, 2023
timeline, women, legal, rights, united, states, other, than, voting, global, timeline, women, rights, other, than, voting, timeline, women, legal, rights, other, than, voting, timeline, women, voting, rights, united, states, timeline, women, suffrage, united, . For a global timeline of women s rights other than voting see Timeline of women s legal rights other than voting For a timeline of women s voting rights in the United States see Timeline of women s suffrage in the United States This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Timeline of women s legal rights in the United States other than voting news newspapers books scholar JSTOR July 2023 Learn how and when to remove this template message This article relies excessively on references to primary sources Please improve this article by adding secondary or tertiary sources Find sources Timeline of women s legal rights in the United States other than voting news newspapers books scholar JSTOR July 2023 Learn how and when to remove this template message Learn how and when to remove this template message The following timeline represents formal legal changes and reforms regarding women s rights in the United States except voting rights It includes actual law reforms as well as other formal changes such as reforms through new interpretations of laws by precedents Contents 1 Before the 19th century 2 19th century 2 1 1850 1874 2 2 1875 1899 3 20th century 3 1 1900 1939 3 2 1940 1969 3 3 1970 1999 4 21st century 5 See also 6 Notes 7 ReferencesBefore the 19th century1641Massachusetts The 1641 Body of Liberties of the Massachusetts Bay colonists declares that a married woman should be free from bodilie correction or stripes by her husband 1 1662The Virginia colony passes a law incorporating the principle of partus sequitur ventrem ruling that children of enslaved mothers would be born into slavery regardless of their father s race or status 2 1664Maryland declares that any Englishwoman who married a slave had to live as a slave of her husband s master 3 1718Province of Pennsylvania now U S state of Pennsylvania Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 19th centurySee also Sterilization law in the United States 1820 1900Primarily through the efforts of physicians in the American Medical Association and legislators most abortions in the U S are outlawed 5 1821Maine Married women were given the right to own and manage property in their own name during the incapacity of their spouse 4 1827Illinois A law prohibits the sale of drugs that could induce abortions 6 classifying those medications as poison 7 It was the first in the nation to impose criminal penalties in connection with abortion before quickening 8 New York The first statute to criminalize abortion in the state is enacted It made post quickening abortions a felony and pre quickening abortions a misdemeanor 8 9 1835Arkansas Married women are given the right to own but not control property in their own name 4 Massachusetts Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 Tennessee Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 1839Mississippi The Married Women s Property Act 1839 grants married women the right to own but not control property in her own name 10 1840Maine Married women are given the right to own but not control property in their own name 4 1841Maryland Married women are given the right to own but not control property in their own name 4 1842New Hampshire Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 1843Kentucky Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 1844Maine Married women are granted separate economy and trade licenses 4 Massachusetts Married women are granted separate economy 11 1845New York Married women are granted patent rights 4 The state also passes a statute that proclaimed women who had abortions could be given a prison sentence of three months to a year It was one of the few states at the time to have laws punishing women for getting abortions 8 Florida Married women are given the right to own but not control property in their own name 4 1846Alabama Married women are given the right to own but not control property in their own name 4 Kentucky Married women are given the right to own but not control property in their own name 4 Ohio Married women are given the right to own but not control property in their own name 4 Michigan Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 1848New York Married Women s Property Act grants married women separate economy 12 Pennsylvania Married women are granted separate economy 4 Rhode Island Married women are granted separate economy 4 1849Alabama Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 Connecticut Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 Missouri Married women are given the right to own but not control property in their own name 4 South Carolina Married women are given the right to own but not control property in their own name 4 1850 1874 1850California Married Women s Property Act grants married women separate economy 13 Wisconsin Married Women s Property Act grants married women separate economy 13 Oregon Unmarried women are given the right to own land 14 Tennessee becomes the first state in the United States to explicitly outlaw wife beating 15 16 1852New Jersey Married women are granted separate economy 11 Indiana Married women are given the right to own but not control property in their own name 4 Wisconsin Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 1854Massachusetts Married women are granted separate economy 13 1855Michigan Married women are granted separate economy 17 1856Connecticut Married women are granted patent rights 4 1857Maine Married women are granted the right to control their own earnings 11 Oregon Married women are given the right to own but not control property in their own name 4 Oregon Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 1859Kansas Married Women s Property Act grants married women separate economy 13 1860New York s Married Women s Property Act of 1860 passes 18 Married women are granted the right to control their own earnings 11 Maryland Married women are granted separate economy the right to control their earnings and trade licenses 4 1861Illinois Married women are granted separate economy and control over their earnings 4 Ohio Married women are granted separate economy and control over their earnings 4 1862New York s Married Women s Property Act of 1860 is amended so that women lost equal guardianship of their children and only had veto power over decisions on apprenticeship and the appointment of testamentary guardians Parts of the act that made husbands and wives equal in realty in cases of intestacy were overturned 18 1864North Carolina The Supreme Court of North Carolina decides in the case State v Black that a husband cannot be convicted of a battery on his wife unless he inflicts a permanent injury or uses such excessive violence or cruelty as indicates malignity or vindictiveness and it makes no difference that the husband and wife are living separate by agreement 19 1865Louisiana Married women are given the right to own and manage property in their own name during the incapacity of their spouse 4 1867Illinois In 1867 the state passes the Bill for the Protection of Personal Liberty which guaranteed all people accused of insanity including wives had the right to a public hearing 20 It also passes a bill that made abortion and attempted abortion a criminal offense 21 6 Alabama Married women are granted separate economy 4 New Hampshire Married women are granted separate economy 4 1868North Carolina Married women are granted separate economy 4 Arkansas Married women are granted trade licenses 4 Kansas Married women are granted separate economy trade licenses and control over their earnings 4 South Carolina Married women were given the right to own but not control property in their own name 4 Georgia Married women were given the right to own but not control property in their own name 4 New York City Susannah Lattin s death led to an investigation that resulted in the regulation of maternity clinics and adoptions in New York City 22 23 1869Minnesota Married women were granted separate economy 4 Georgia Married women were granted separate economy 24 South Carolina Married women are granted separate economy and trade licenses 4 Tennessee Married women are granted separate economy 4 Iowa Married women are granted control over their earnings 4 Illinois and Massachusetts Legislation passed in both states allow married women equal rights to property and custody of their children 25 Circa 1870Illinois passes another law banning the sale of drugs that could cause induced abortions allowing an exception for the written prescription of some well known and respectable practicing physician 7 1870Wyoming Territory Justice Howe gives women the rights to sit on a jury 26 The first woman to serve on a jury was Eliza Stewart Boyd 27 1871Mississippi Married women are granted separate economy trade licenses and control over their earnings 4 Arizona Married women are granted separate economy 4 Arizona Married women are granted trade license 4 1872New York The state makes it a penalty to perform an abortion with a criminal sentence of between 4 and 20 years in prison 8 Pennsylvania Married women are granted control over their earnings 4 California Married women are granted separate economy 4 Montana Married women are granted separate economy 4 California Married women are granted trade license 4 California Married women are granted control over their earnings 4 Wisconsin Married women are granted control over their earnings 4 1873Arkansas Married women are granted separate economy and control over their earnings 4 Kentucky Married women are granted separate economy and trade licenses 4 North Carolina Married women are granted control over their earnings 4 Delaware Married women are granted control over their earnings 4 Iowa Married women are granted separate economy 4 Nevada Married women are granted separate economy trade licenses and control over their earnings 4 Iowa Married women are granted trade license 4 The Comstock Law was a federal act passed by the United States Congress on March 3 as the Act for the Suppression of Trade in and Circulation of Obscene Literature and Articles of Immoral Use The Act criminalized usage of the U S Postal Service to send any of the following items 28 erotica contraceptives abortifacients sex toys personal letters alluding to any sexual content or information information regarding the above itemsIn places like Washington D C where the federal government had direct jurisdiction the act also made it a misdemeanor punishable by fine and imprisonment to sell give away or have in possession any obscene publication 28 Half of the states passed similar anti obscenity statutes that also banned possession and sale of obscene materials including contraceptives 29 The law was named after its chief proponent Anthony Comstock Due to his own personal enforcement of the law during its early days Comstock received a commission from the postmaster general to serve as a special agent for the U S Postal Services 28 Bradwell v State of Illinois 30 was a United States Supreme Court case that solidified the narrow reading of the Privileges or Immunities Clause of the Fourteenth Amendment and determined that the right to practice a profession was not among these privileges The case is notable for being an early 14th Amendment challenge to sex discrimination in the United States In this case the United States Supreme Court held that Illinois constitutionally denied law licenses to women because the right to practice law was not one of the privileges and immunities guaranteed by the Fourteenth Amendment The Illinois Supreme Court affirmed non primary source needed 1874Massachusetts Married women are granted control over their earnings 4 New Jersey Married women are granted control over their earnings and trade licenses 4 Rhode Island Married women are granted control over their earnings 4 Colorado Married women are granted separate economy trade licenses and control over their earnings 4 Illinois Married women are granted trade license 4 Minnesota Married women are granted trade license 4 Montana Married women are granted control over their earnings and trade licenses 4 1875 1899 1875The Page Act of 1875 is the first restrictive federal immigration law in the United States and effectively prohibited the entry of Chinese women marking the end of open borders 31 The law technically barred immigrants considered undesirable 32 defining this as a person from East Asia who was coming to the United States to be a forced laborer any East Asian woman who would engage in prostitution and all people considered to be convicts in their own country Only the ban on female East Asian immigrants was effectively and heavily enforced and it proved to be a barrier for all East Asian women trying to immigrate especially Chinese women 33 The act was later repealed New Hampshire Married women are granted trade licenses 4 Wyoming Married women are granted separate economy control over their earnings and trade licenses 4 1877Connecticut Married women are granted control over their earnings and trade licenses 4 Dakota Married women are granted separate economy control over their earnings and trade licenses 4 Wisconsin On March 22 state legislature enacts a law that prohibited courts from denying admission to the bar on the basis of sex The bill was drafted by Lavinia Goodell and she worked with Speaker of the Wisconsin State Assembly John B Cassoday for it to pass 34 35 1878Virginia Married women are granted separate economy 4 1879Indiana Married women are granted separate economy and control over their earnings 4 California A person may not be disqualified from entering or pursuing a business profession vocation or employment because of sex race creed color or national or ethnic origin 36 non primary source needed A law was enacted allowing qualified female attorneys to practice in any federal court in the United States 37 1880The case Miles v United States establishes that a second wife may testify as to her husband s bigamy because their marriage is not de jure 38 Oregon Married women were granted trade licenses and control over their earnings 4 1881Vermont Married women were granted separate economy and trade licenses 4 Nebraska Married women granted separate economy trade licenses and control over their earnings 4 Florida Married women were given the right to own and manage property in their own name during the incapacity of their spouse 4 1882Lindon v First National Bank is one of the earliest precedent setting US federal court cases involving common law name change 39 1883Washington Territory Women are granted jury service rights 40 41 1887Washington Territory Women s jury service rights are rescinded due to a change in the territory s Supreme Court 40 41 Idaho Married women are granted separate economy and trade licenses 4 The Edmunds Tucker Act disincorporates both the Church of Latter Day Saints and the Perpetual Emigration Fund on the grounds that they foster polygamy It prohibits the practice of polygamy and punishes it with a fine of from 500 to 800 and imprisonment of up to five years It dissolved the corporation of the church and directed the confiscation by the federal government of all church properties valued over a limit of 50 000 The act was enforced by the U S Marshal and a host of deputies The act Disincorporated the LDS Church and the Perpetual Emigrating Fund Company with assets to be used for public schools in the Territory 42 Required an anti polygamy oath for prospective voters jurors and public officials Annulled territorial laws allowing illegitimate children to inherit Required civil marriage licenses to aid in the prosecution of polygamy Abrogated the common law spousal privilege for polygamists thus requiring wives to testify against their husbands 43 Disenfranchised women who had been enfranchised by the Territorial legislature in 1870 44 Replaced local judges including the previously powerful Probate Court judges with federally appointed judges Abolished the office of Territorial superintendent of district schools granting the supreme court of the Territory of Utah the right to appoint a commissioner of schools Also called for the prohibition of the use of sectarian books and for the collection of statistics of the number of so called gentiles and Mormons attending and teaching in the schools 45 In 1890 the U S Supreme Court upheld the seizure of Church property under the Edmunds Tucker Act in Late Corporation of the Church of Jesus Christ of Latter Day Saints v United States The act was repealed in 1978 46 47 1889State of Washington Married women are granted separate economy control over their earnings and trade licenses 4 1890The case Bassett v United States had a ruling that polygamous wives can be required to testify as they are not legally wives 48 Wyoming In their inherent right to life liberty and the pursuit of happiness all members of the human race are equal Since equality in the enjoyment of natural and civil rights is only made sure through political equality the laws of this state affecting the political rights and privileges of its citizens shall be without distinction of race color sex or any circumstance or condition whatsoever other than the individual incompetency or unworthiness duly ascertained by a court of competent jurisdiction The rights of citizens of the state of Wyoming to vote and hold office shall not be denied or abridged on account of sex Both male and female citizens of this state shall equally enjoy all civil political and religious rights and privileges 49 non primary source needed 1894Louisiana Married women are granted trade licenses 4 1895South Carolina Married women are granted separate economy Utah Married women are granted separate economy 4 State of Washington Married women are granted control over their earnings and trade licenses 4 1896Utah The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex Both male and female citizens of this State shall enjoy all civil political and religious rights and privileges 50 non primary source needed 1898Utah State legislature grants women permission to serve on juries in 1898 Although women were able to serve on juries starting in 1898 women were able to seek exemption from jury duty and they did not regularly serve on juries until the 1930s 51 40 20th century1900 1939 1907Section 3 of the Expatriation Act of 1907 provides for loss of citizenship by American women who married aliens 52 Section 4 provided for retention of American citizenship by formerly alien women who had acquired citizenship by marriage to an American after the termination of their marriages Women residing in the US automatically retained their American citizenship if they did not explicitly renounce women residing abroad had the option to retain American citizenship by registration with a US consul 53 The aim of these provisions was to prevent cases of multiple nationalities among women 54 1908Muller v Oregon is a landmark decision in United States Supreme Court history that was used to justify both sex discrimination and usage of labor laws during the time period It upheld Oregon state restrictions on the working hours of women as justified by the special state interest in protecting women s health The ruling had important implications for protective labor legislation 55 New York City The Sullivan Ordinance is a municipal law passed on January 21 by the board of aldermen barring management of public buildings from allowing women to smoke within their venues 56 57 The mayor George B McClellan Jr vetoed the ordinance in February 58 1910The White Slave Traffic Act or the Mann Act is a United States federal law passed June 25 59 It is named after Congressman James Robert Mann of Illinois and in its original form made it a felony to engage in interstate or foreign commerce transport of any woman or girl for the purpose of prostitution or debauchery or for any other immoral purpose In practice its ambiguous language about immorality resulted in the criminalization of some consensual sexual behavior between adults 60 It was amended by Congress in 1978 and again in 1986 61 1912On January 1 the Massachusetts government enforces a law that allowed women to work a maximum of 54 hours instead of 56 Ten days later affected workers discover that pay had been reduced along with the cut in hours 62 1915The Supreme Court first considers the Expatriation Act of 1907 in the 1915 case MacKenzie v Hare The plaintiff suffragist Ethel MacKenzie was living in California but was denied voter registration by the respondent in his capacity as a commissioner of the San Francisco Board of Election due to her marriage to a Scottish man 54 MacKenzie contended that the Expatriation Act of 1907 if intended to apply to her is beyond the authority of Congress as neither the Fourteenth Amendment nor any other part of the Constitution gave Congress the power to denationalize a citizen without his concurrence However Justice Joseph McKenna writing the majority opinion stated that while i t may be conceded that a change of citizenship cannot be arbitrarily imposed that is imposed without the concurrence of the citizen t he law in controversy does not have that feature It deals with a condition voluntarily entered into with notice of the consequences Justice James Clark McReynolds in a concurring opinion stated that the case should be dismissed for lack of jurisdiction 63 1918Margaret Sanger is charged under the New York law for disseminating information about contraception On appeal her conviction was reversed on the grounds that contraceptive devices could legally be promoted for the cure and prevention of disease 64 1921The Promotion of the Welfare and Hygiene of Maternity and Infancy Act more commonly known as the Sheppard Towner Act is an Act of Congress that provided federal funding for maternity and childcare 65 It was sponsored by Senator Morris Sheppard D of Texas and Representative Horace Mann Towner R of Iowa and signed by President Warren G Harding on November 23 66 Before its passage most of the expansion in public health programs occurred at the state and local levels Many factors helped its passage including the environment of the Progressive Era 67 Massachusetts Connecticut and Illinois never participated in the program Participation in the program varied depending on states The Act was due for renewal in 1926 but was met with increased opposition 67 Congress allowed the act s funding to lapse in 1929 after successful opposition by the American Medical Association which saw the act as a socialist threat to its professional autonomy 68 despite the Pediatric Section of the AMA House of Delegates endorsing its renewal The rebuking of the Pediatric Section by the full House of Delegates led to the members of the Pediatric Section establishing the American Academy of Pediatrics 69 1922The Cable Act of 1922 is a United States federal law that reverses former immigration laws regarding marriage 70 full citation needed Previously a woman lost her United States citizenship if she married a foreign man since she assumed the citizenship of her husband a law that did not apply to United States citizen men who married foreign women The act repealed sections 3 and 4 of the Expatriation Act of 1907 71 but guaranteed independent female citizenship only to women who were married to an alien eligible to naturalization 72 At the time of the law s passage Asians were not considered to be racially eligible for US citizenship 73 74 1931An amendment to the Cable Act allows females to retain their citizenship even if they married an Asian 75 1932Michigan A law is passed that makes abortion illegal 76 1936A federal appeals court rules in United States v One Package of Japanese Pessaries that the federal government could not interfere with doctors providing contraception to their patients 77 1940 1969 1945Illinois In People ex rel Rago v Lipsky 63 N E 2d 642 Ill 1945 the Appellate Court of Illinois First District did not allow a married woman to stay registered to vote under her birth name due to the long established custom policy and rule of the common law among English speaking peoples whereby a woman s name is changed by marriage and her husband s surname becomes as a matter of law her surname 78 79 1946North Carolina A state constitutional amendment passes allowing women to serve on a jury 80 1947New Jersey The terms person persons and people as well as personal pronouns are changed to apply to both sexes 81 1948Goesaert v Cleary is a United States Supreme Court case in which the Court upheld a Michigan law which prohibited women from being licensed as a bartender in all cities having a population of 50 000 or more unless their father or husband owned the establishment The plaintiff Valentine Goesaert challenged the law on the ground that it infringed on the Fourteenth Amendment s Equal Protection Clause Speaking for the majority Justice Felix Frankfurter affirmed the judgment of the Detroit Michigan district court and upheld the constitutionality of the state law The state argued that since the profession of bartending could potentially lead to moral and social problems for women it was within the state s power to bar them from working as bartenders Only when the owner of the bar was a sufficiently close relative to the women bartender could it be guaranteed that such immorality would not be present non primary source needed The Women s Armed Services Integration Act Pub L 80 625 62 Stat 356 enacted June 12 1948 enabled women to serve as permanent regular members of the armed forces in the Army Navy Marine Corps and the recently formed Air Force However Section 502 of the act limited service of women by excluding them from aircraft and vessels of the Navy that might engage in combat non primary source needed 1955Texas It became legal for women to serve on juries in Texas 82 1959California In 1959 the Government Code Section 12947 5 part of the California Fair Employment and Housing Act passed in California declares in part It shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee with exceptions only for requiring an employee to wear a costume while that employee is portraying a specific character or dramatic role and when good cause is shown 83 Thus the standard California FEHA discrimination complaint form now includes an option for denied the right to wear pants 84 1961Hoyt v Florida is an appeal by Gwendolyn Hoyt who had killed her husband and received a jail sentence for second degree murder Although she had suffered mental and physical abuse in her marriage and showed neurotic if not psychotic behavior a six man jury deliberated for 25 minutes before finding her guilty 85 Ohio In State ex rel Krupa v Green the appellate court allows a married woman to register to vote in her birth name which she had openly and solely used and been well known to use before her marriage and held that she could use that name as a candidate for public office 86 78 1963The Equal Pay Act of 1963 is a United States federal law amending the Fair Labor Standards Act and was aimed at abolishing wage disparity based on sex see Gender pay gap It was signed into law on June 10 by John F Kennedy as part of his New Frontier Program 87 In passing the bill Congress stated that sex discrimination 88 depresses wages and living standards for employees necessary for their health and efficiency prevents the maximum utilization of the available labor resources tends to cause labor disputes thereby burdening affecting and obstructing commerce burdens commerce and the free flow of goods in commerce and constitutes an unfair method of competition The law provides in part that No employer having employees subject to any provisions of this section section 206 of title 29 of the United States Code shall discriminate within any establishment in which such employees are employed between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill effort and responsibility and which are performed under similar working conditions except where such payment is made pursuant to i a seniority system ii a merit system iii a system which measures earnings by quantity or quality of production or iv a differential based on any other factor other than sex 88 dd 1964The decision in People of California v Hernandez by the California Supreme Court brought into question the validity of the rule that mistake as to a female s age is not a defense to a statutory rape charge 89 The defendant was convicted of statutory rape but the trial judge refused to allow the defendant to present evidence that the defendant had a good faith belief the female subject was of age as a defense to the charge The defendant filed an appeal with the sole issue being the question of whether defendant s intent and knowledge at the time of the commission of the crime mattered in determining criminal culpability The California Supreme Court held that a charge of statutory rape is defensible where criminal intent is lacking overruling and disapproving prior decisional law holding to the contrary particularly People v Ratz 1896 The decision set off a flurry of discussion among academics on whether the uniform rule in the United states that a mistake as to the age of a female is not a defense to the crime of statutory rape 90 91 92 Title VII of the Civil Rights Act of 1964 codified as Subchapter VI of Chapter 21 of title 42 of the United States Code prohibits discrimination by covered employers on the basis of race color religion sex or national origin 93 Title VII applies to and covers an employer who has fifteen 15 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year 94 Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race color religion sex or national origin such as by an interracial marriage 95 1965Griswold v Connecticut is a landmark decision of the U S Supreme Court in which it ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives without government restriction 96 The case involved a Connecticut Comstock law that prohibited any person from using any drug medicinal article or instrument for the purpose of preventing conception The court held that the statute was unconstitutional and that its effect was to deny disadvantaged citizens access to medical assistance and up to date information in respect to proper methods of birth control By a vote of 7 2 the Supreme Court invalidated the law on the grounds that it violated the right to marital privacy establishing the basis for the right to privacy with respect to intimate practices This and other cases view the right to privacy as protected from governmental intrusion 97 The Equal Employment Opportunity Commission EEOC decides that segregated job advertising Help Wanted Male and Help Wanted Female was permissible because it served the convenience of readers 98 Advocates for women s rights founded the National Organization for Women NOW in June 1966 out of frustration with the enforcement of the sex bias provisions of the Civil Rights Act and Executive Order 11375 99 New York state legislature amends its abortion related statute to allow for more therapeutic exceptions 8 1966Pauli Murray and Dorothy Kenyon successfully argue White v Crook a case in which the U S Court of Appeals for the Fifth Circuit ruled that women have an equal right to serve on juries 100 Mississippi Legislature makes abortion legal in cases of rape 101 1967Executive Order 11375 signed by President Lyndon B Johnson on October 13 bans discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors citation needed Johnson signs Public Law 90 130 lifting grade restrictions and strength limitations on women in the United States military It amended 10 USC eliminating the 2 maximum on enlisted women and allowed female officers to be promoted to colonel or higher citation needed Maryland In Erie Exchange v Lane 246 Md 55 1967 the Court of Appeals held that a married woman can lawfully adopt an assumed name even if it is not her birth name or the name of her lawful husband without legal proceedings 102 Section 230 3 Abortion Tentative draft 1959 Official draft 1962 of the American Law Institute s ALI Model Penal Code MPC is used as a model for abortion law reform legislation enacted in 13 states from 1967 to 1972 It legalized abortion to preserve the health whether physical or mental of the mother if the pregnancy is due to incest or rape or if doctors agree that there is a significant risk that the child will be born with a serious mental or physical defect citation needed 1968King v Smith is a decision in which the Supreme Court of the United States held that Aid to Families with Dependent Children AFDC could not be withheld because of the presence of a substitute father who visited a family on weekends citation needed The EEOC declares age restrictions on flight attendants employment to be illegal sex discrimination under Title VII of the Civil Rights Act of 1964 103 Prince Georges County In 1967 Kathryn Kusner applied for a jockey license through the Maryland Racing Commission but was denied because she was a woman 104 Later Judge Ernest A Loveless of the Circuit Court of Prince Georges County ordered her to be granted the license 105 and Kusner became the first licensed female jockey in the United States 104 Texas The Marital Property Act of 1967 which gave married women the same property rights as their husbands goes into effect on January 1 106 Mississippi On June 15 a law making women eligible to serve on state court juries is signed by Governor John Bell Williams Mississippi was the last state in America to allow this 107 1969New Mexico Legislature passes a law that made it a felony for anyone to provide a woman with an abortion unless it was needed to save her life or because her pregnancy was a result of rape or incest 108 In the case Weeks v Southern Bell 1969 Lorena Weeks claims that Southern Bell had violated her rights under the 1964 Civil Rights Act when they denied her application for promotion to a higher paying position because she was a woman She won her case in 1969 after several appeals citation needed The California Supreme Court rules in favor of abortion rights after hearing an appeal from Dr Leon Belous who had been convicted of referring a woman to someone who could provide her with an illegal abortion 109 California s abortion law was declared unconstitutional in People v Belous because it was vague and denied people due process 110 1970 1999 1970In 1970 Eleanor Holmes Norton represents 60 female employees of Newsweek who had filed a claim with the Equal Employment Opportunity Commission that Newsweek had a policy of only allowing men to be reporters 111 The women won and Newsweek agreed to allow women to be reporters 111 The day the claim was filed Newsweek s cover article was Women in Revolt covering the feminist movement the article was written by a woman who had been hired on a freelance basis since there were no female reporters at the magazine 112 The Title X Family Planning Program officially known as Public Law 91 572 or Population Research and Voluntary Family Planning Programs is enacted under President Richard Nixon in 1970 as part of the Public Health Service Act It is the only federal grant program dedicated solely to providing individuals with comprehensive family planning and related preventive health services and is legally designed to prioritize the needs of low income families or uninsured people including those who are not eligible for Medicaid who might not otherwise have access to these health care services These services are provided to low income and uninsured individuals at reduced or no cost 113 Congress removes references to contraception from federal anti obscenity laws 114 Schultz v Wheaton Glass Co is a case heard before the United States Court of Appeals for the Third Circuit It applied the Bennett Amendment on Chapter VII of the Civil Rights Act of 1964 and helped define the limitations of equal pay for men and women 115 116 In its rulings the court determined that a job that is substantially equal in terms of what the job entails although not necessarily in title or job description is protected by the Equal Pay Act 117 An employer who hires a woman to do the same job as a man but gives the job a new title in order to offer it a lesser pay is discriminating under that act 117 In Sprogis v United Air Lines Inc a federal trial court rules in a female flight attendant s favor on whether airline marriage bans were illegal under Title VII The court found that neither sex nor marital status was a bona fide occupational qualification for the flight attendant occupation The court s ruling was upheld upon appeal 118 119 Women were not allowed in New York s McSorley s Old Ale House until August 10 after National Organization for Women attorneys Faith Seidenberg and Karen DeCrow filed a discrimination case against the bar in District Court and won 120 The two entered McSorley s in 1969 and were refused service which was the basis for their lawsuit for discrimination The case decision made the front page of The New York Times on June 26 1970 121 The suit Seidenberg v McSorleys Old Ale House established that as a public place the bar could not violate the Equal Protection Clause of the United States Constitution 122 The bar was then forced to admit women but it did so kicking and screaming 123 With the ruling allowing women to be served the bathroom became unisex but a ladies room was not installed until 1986 124 Hawaii New York Alaska and Washington repeal their abortion laws Hawaii became the first state to legalize abortions on the request of the woman 125 New York repealed its 1830 law and Washington held a referendum on legalizing early pregnancy abortions becoming the first state to legalize abortion through a vote of the people 126 New York On April 10 the New York Senate passes a law decriminalizing abortion in most cases 127 Republican Governor Nelson A Rockefeller signed the bill into law the next day 128 It adds a consent provision requiring a physician to obtain the woman s consent before performing an abortion permitted physician provided elective abortion services within the first 24 weeks of pregnancy or to preserve her life and allowed a woman when acting upon the advice of a duly licensed physician to perform an abortional act on herself within the first 24 weeks of pregnancy or to preserve her life 129 South Carolina and Virginia reform their abortion laws based on the American Law Institute Model Penal Code Illinois The equal protection of the laws shall not be denied or abridged on account of sex by the State or its units of local government and school districts 130 non primary source needed Florida Mary R Grizzle introduces and passes the Married Women Property Rights Act giving married women in Florida for the first time the right to own property solely in their names and to transfer that property without their husbands signatures 131 1971Barring women from practicing law becomes prohibited 132 Pennsylvania Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual 133 non primary source needed United States v Vuitch was a United States Supreme Court abortion rights case which held that the District of Columbia s abortion law banning the practice except when necessary for the health or life of the woman was not unconstitutionally vague citation needed Reed v Reed is an Equal Protection case in the United States in which the Supreme Court ruled that the administrators of estates cannot be named in a way that discriminates between sexes The Supreme Court ruled for the first time in Reed v Reed that the Equal Protection Clause of the Fourteenth Amendment prohibited differential treatment based on sex citation needed Phillips v Martin Marietta Corp is a Supreme Court case in which the court ruled that under Title VII of the Civil Rights Act of 1964 an employer may not in the absence of business necessity refuse to hire women with pre school age children while hiring men with such children It was the first sex discrimination case under Title VII to reach the Court citation needed Virginia That no person shall be deprived of his life liberty or property without due process of law that the General Assembly shall not pass any law impairing the obligation of contracts and that the right to be free from any governmental discrimination upon the basis of religious conviction race color sex or national origin shall not be abridged except that the mere separation of the sexes shall not be considered discrimination 134 non primary source needed Alaska repeals its statute that said inducing an abortion was a criminal offense 135 1972Vermont The Vermont Supreme Court makes a ruling that effectively ended abortion restrictions in the state 136 New York The Court of Appeals rules that Bernice Gera could be a baseball umpire 137 Washington Equality of rights and responsibility under the law shall not be denied or abridged on account of sex 138 Alaska No person is to be denied the enjoyment of any civil or political right because of race color creed sex or national origin The legislature shall implement this section 139 non primary source needed Title IX is a portion of the United States Education Amendments of 1972 Public Law No 92 318 86 Stat 235 June 23 1972 codified at 20 U S C 1681 1688 co authored and introduced by Senator Birch Bayh it was renamed the Patsy Mink Equal Opportunity in Education Act in 2002 after its late House co author and sponsor citation needed Eisenstadt v Baird was a United States Supreme Court case that established the right of unmarried people to possess contraception on the same basis as married couples The Court struck down a Massachusetts law prohibiting the distribution of contraceptives to unmarried people for the purpose of preventing pregnancy ruling that it violated the Equal Protection Clause of the Constitution citation needed The 10th Circuit case Moritz v Commissioner successfully challenged the denial of a dependent care deduction to a single man who was a caretaker for his sick mother the deduction had previously been limited to women widowers or divorced men 140 141 Maryland In Stuart v Board of Elections on the question of whether a wife could register to vote in her birth name rather than her husband s last name the Maryland Court of Appeals decides that a married woman s surname does not become that of her husband where as here she evidences a clear intent to consistently and nonfraudulently use her birth given name subsequent to her marriage 102 Florida reformed its abortion law based on the American Law Institute Model Penal Code citation needed Maryland Equality of rights under the law shall not be abridged or denied because of sex 142 non primary source needed Texas Equality under the law shall not be denied or abridged because of sex race color creed or national origin This amendment is self operative 143 non primary source needed 1973Roe v Wade is a landmark decision by the Supreme Court on the issue of abortion The court ruled 7 2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman s decision to have an abortion but that this right must be balanced against the state s two legitimate interests in regulating abortions protecting women s health and protecting the potentiality of human life 144 Doe v Bolton is a decision of the Supreme Court overturning abortion laws in Georgia Frontiero v Richardson is a landmark United States Supreme Court case 145 that decided benefits given by the United States military to the family of service members cannot be given out differently because of sex citation needed Pittsburgh Press Co v Pittsburgh Commission on Human Relations was a 1973 decision of the United States Supreme Court which upheld an ordinance enacted in Pittsburgh that forbids sex designated classified advertising for job opportunities against a claim by the parent company of the Pittsburgh Press that the ordinance violated its First Amendment rights citation needed From 1973 on the United States Agency for International Development USAID has followed the Helms Amendment banning use of U S government funds to provide abortion as a method of family planning anywhere in the world 146 Colorado Equality of rights under the law shall not be denied or abridged by the state of Colorado or any of its political subdivisions because of sex 147 non primary source needed Montana The dignity of the human being is inviolable No person shall be denied the equal protection of the laws Neither the state nor any person firm corporation or institution shall discriminate against any person in the exercise of his civil or political rights on account of race color sex culture social origin or condition or political or religious ideas 148 non primary source needed New Mexico No person shall be deprived of life liberty or property without due process of law nor shall any person be denied equal protection of the laws Equality of rights under law shall not be denied on account of the sex of any person 149 California In Rentzer v Unemployment Ins Appeals Bd Gail Rentzer suffered from an ectopic pregnancy and was unable to work She was denied compensation by the California Unemployment Insurance Appeals Board because they did not recognize pregnancy or related medical complications as a disability The California Court of Appeals found that because Gail had not had a normal pregnancy and her emergency surgery was performed to stop bleeding and save her life her pregnancy was deemed worthy of disability benefits The case allowed women with medical complications during pregnancy to be granted benefits and more protections such as disability coverage for not just pregnancy but also the amount of time it takes for recovery from complications 150 1974Kentucky adopts a law preventing public hospitals from performing abortion procedures except to protect the life of the mother 151 Connecticut No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his or her civil or political rights because of religion race color ancestry national origin or sex 152 non primary source needed Geduldig v Aiello is an equal protection case in which the Supreme Court ruled on whether unfavorable treatment to pregnant women could count as sex discrimination It held that the denial of insurance benefits for work loss resulting from a normal pregnancy did not violate the Fourteenth Amendment The California insurance program at issue did not exclude workers from eligibility based on sex but did exclude pregnancy from a list of compensable disabilities The majority found that even though only women would be directly affected by the administrative decision the classification of normal pregnancy as non compensable was not a sex based classification and therefore the court would defer to the state so long as it could provide a rational basis for its categorization citation needed The Equal Credit Opportunity Act makes it unlawful for any creditor to discriminate against any applicant with respect to any aspect of a credit transaction on the basis of race color religion national origin sex marital status or age provided the applicant has the capacity to contract 153 Failure to comply with the Equal Credit Opportunity Act s Regulation B can subject a financial institution to civil liability for actual and punitive damages in individual or class actions Liability for punitive damages can be as much as 10 000 in individual actions and the lesser of 500 000 or 1 of the creditor s net worth in class actions 154 In Kahn v Shevin the Supreme Court rules that a Florida statute providing property tax exemptions only to widows does not violate the Equal Protection Clause of the Fourteenth Amendment 155 In Kaplowitz v University of Chicago the U S District Court for the Northern District of Illinois rules that a law school was not required to police the discriminatory practices of employers using its placement facilities The court found the law school an employment agency but that employment agencies are only obligated to refer potential employees without discrimination 156 157 The Women s Educational Equity Act WEEA is one of the several landmark laws passed by the United States Congress outlining federal protections against the gender discrimination of women in education educational equity citation needed Sex is added as a protected characteristic to the Fair Housing Act 158 159 160 New Hampshire All men have certain natural essential and inherent rights among which are the enjoying and defending life and liberty acquiring possessing and protecting property and in a word of seeking and obtaining happiness Equality of rights under the law shall not be denied or abridged by this state on account of race creed color sex or national origin 161 non primary source needed In the final week of December President Gerald Ford signs a bill that opened the Little League baseball program to girls 162 1975In Bigelow v Virginia the US Supreme Court rules that state bans on abortion clinics advertising their services were unconstitutional as they violated freedom of speech and freedom of the press 163 Stanton v Stanton is a United States Supreme Court case that struck down Utah s definitions of adulthood as a violation of equal protection females reached adulthood at 18 males at 21 164 Weinberger v Wiesenfeld is a decision by the United States Supreme Court It unanimously held that the gender based distinction under the Social Security Act of 1935 which permitted widows but not widowers to collect special benefits while caring for minor children violated the right to equal protection secured by the Due Process Clause of the Fifth Amendment to the United States Constitution citation needed Taylor v Louisiana is a Supreme Court case that stated women could not be excluded from a venire or jury pool on the basis of having to register for jury duty citation needed On February 19 the Texas Supreme Court s ruling in the case Jacobs v Theimer makes it the first state in America to allow a woman to sue her doctor for a wrongful birth 165 166 167 The case involved Dortha Jean Jacobs later Dortha Biggs who caught rubella while pregnant and gave birth to Lesli who was severely disabled 167 165 Dortha and her husband sued her doctor saying he did not diagnose the rubella or warn them how it would affect the pregnancy 167 Schlesinger v Ballard is a Supreme Court case that upheld a federal statute granting female naval officers four more years of commissioned service before mandatory discharge than male Naval officers 168 A federal statute granted female naval officers fourteen years of commissioned service while allowing only nine years of commissioned service for male naval officers before mandatory discharge The Supreme Court held that the law passed intermediate scrutiny equal protection analysis because women excluded from combat duty had fewer opportunities for advancement in the military The court found the statute to directly compensate for the past statutory barriers to advancement 169 Joan Little becomes the first woman in United States history to be acquitted using the defense that she used deadly force to resist sexual assault 170 171 Louisiana No person shall be denied the equal protection of the laws No law shall discriminate against a person because of race or religious ideas beliefs or affiliations No law shall arbitrarily capriciously or unreasonably discriminate against a person because of birth age sex culture physical condition or political ideas or affiliations 172 non primary source needed Illinois The 79th General Assembly enacts the Illinois Abortion Law which included a trigger law that provided that if Roe v Wade was overturned or repealed the former policy of this State to prohibit abortions unless necessary for the preservation of the mother s life shall be reinstated 173 non primary source needed 1976In General Electric v Gilbert the Supreme Court ruled that it was legal for employers to exclude pregnancy related conditions from employee sickness and accident benefits plans 174 Massachusetts All people are born free and equal and have certain natural essential and unalienable rights among which may be reckoned the right of enjoying and defending their lives and liberties that of acquiring possessing and protecting property in fine that of seeking and obtaining their safety and happiness Equality under the law shall not be denied or abridged because of sex race color creed or national origin 175 non primary source needed Bellotti v Baird was a Supreme Court case in which it upheld a Massachusetts law requiring parental consent to a minor s abortion which provided that if one or both of the minor s parents refuse consent consent may be obtained by order of a judge for good cause shown 176 The decision was unanimous and the opinion of the Court was written by Justice Blackmun The law in question permits a minor capable of giving informed consent to obtain a court order allowing abortion without parental consultation and further permits even a minor incapable of giving informed consent to obtain an abortion order without parental consultation where it is shown that abortion would be in her best interests 176 non primary source needed Craig v Boren was the first case in which a majority of the Supreme Court determined that statutory or administrative sex classifications were subject to intermediate scrutiny under the Fourteenth Amendment s Equal Protection Clause The court also acknowledged that parties economically affected by regulations may challenge them by acting as advocates of the rights of third parties who seek access to their market or function The case specifically concerned over how Oklahoma passed a statute prohibiting the sale of nonintoxicating 3 2 beer to males under the age of 21 but allowed females over the age of 18 to purchase it The Court held that the gender classifications made by the Oklahoma statute were unconstitutional because the statistics relied on by the state were insufficient to show a substantial relationship between the statute and the benefits intended to stem from it citation needed Planned Parenthood v Danforth is a Supreme Court case on abortion The plaintiffs challenged the constitutionality of a Missouri statute regulating abortion The court upheld the right to have an abortion declaring unconstitutional the statute s requirement of prior written consent from a parent in the case of a minor or a spouse in the case of a married woman 177 The Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortion unless the pregnancy arises from incest rape or to save the life of the mother 178 179 Legislation including the Hyde Amendment generally only restricts the use of funds allocated for the Department of Health and Human Services and primarily affects Medicaid 178 179 United States Court of Appeals for the Second Circuit jurisdiction There is a United States Court of Appeals for the Second Circuit decision indicating involuntary pregnancy discharges in the U S Navy violated the Fifth Amendment 180 1977Beal v Doe is a Supreme Court case that concerned the disbursement of federal funds in Pennsylvania whose statute restricted federal funding to abortion clinics The court ruled states are not required to treat abortion in the same manner as potential motherhood The opinion of the Court left the central holding of the Roe v Wade decision abortion as a right intact The statute was upheld with Justice Powell writing the majority opinion citation needed Califano v Webster is a decision by the Supreme Court which held that Section 215 of the Social Security Act does not violate due process by allowing women to calculate retirement benefits without including additional low earning years since it is an attempt to compensate for previous discrimination citation needed Califano v Goldfarb is a decision by the Supreme Court which held that the different treatment of men and women constituted invidious discrimination against female wage earners by affording them less protection for their surviving spouses than is provided to male employees and therefore violated the Due Process Clause of the Fifth Amendment Dothard v Rawlinson is the first Supreme Court case in which the bona fide occupational qualifications BFOQ defense was used The court held that under Title VII of the Civil Rights Act of 1964 an employer may not in the absence of business necessity set height and weight restrictions which have a disproportionately adverse effect on one gender However on the issue of whether women could fill close contact jobs in all male maximum security prisons the Court ruled 6 3 that the BFOQ defense was legitimate in this case reasoning that female prison guards were more vulnerable to male sexual attack than male prison guards 181 Carey v Population Services International is a Supreme Court case in which the court held that it was unconstitutional to prohibit anyone other than a licensed pharmacist to distribute nonprescription contraceptives to persons 16 years of age or over to prohibit the distribution of nonprescription contraceptives by any adult to minors under 16 years of age and to prohibit anyone including licensed pharmacists to advertise or display contraceptives citation needed The National Partnership for Women amp Families wins Barnes v Costle a U S Court of Appeals decision that held that any retaliation by a boss against an employee for rejecting sexual advances violates Title VII s prohibition against sex discrimination 182 Washington The January 7 Supreme Court ruling in State of Washington v Wanrow is a landmark ruling The Washington Supreme Court sitting en banc declared that Yvonne Wanrow was entitled to have a jury consider her actions in the light of her perceptions of the situation including those perceptions which were the product of our nation s long and unfortunate history of sex discrimination 183 The ruling was the first in America recognizing the particular legal problems of women who defend themselves or their children from male attackers and was again affirmed by the Washington Supreme Court in denying the prosecutor s petition for rehearing in 1979 183 184 Before the Wanrow decision standard jury instructions asked what a reasonably prudent man would have done even if the accused was a woman the Wanrow decision set a precedent that when a woman is tried in a criminal trial the juries should ask what a reasonably prudent woman similarly situated would have done 185 In Coker v Georgia the Supreme Court determines that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment and therefore unconstitutional under the Eighth Amendment 186 New York Cathy Davis sues the New York State Athletic Commission NYSAC in 1977 because she was denied a boxing license due to her being a woman and the case was decided in her favor later that year with the judge invalidating New York State rule number 205 15 which stated No woman may be licensed as a boxer or second or licensed to compete in any wrestling exhibition with men 187 188 In his opinion the judge cited the precedent set by Garrett v New York State Athletic Commission 1975 which found the regulation invalid under the equal protection clauses of the State and Federal Constitutions The NYSAC filed an appeal of the ruling but withdrew it later 189 187 1978Hawaii Equality of rights under the law shall not be denied or abridged by the State on account of sex The legislature shall have the power to enforce by appropriate legislation the provisions of this section 190 non primary source needed The Pregnancy Discrimination Act of 1978 is a United States federal statute It amended Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy 191 It covers discrimination on the basis of pregnancy childbirth or related medical conditions but only applies to employers with 15 or more employees 192 193 Employers are exempt from providing medical coverage for elective abortions except in the case that the mother s life is threatened but are required to provide disability and sick leave for women who are recovering from an abortion 194 Judge John Sirica ruled the law banning Navy women from ships to be unconstitutional in the case Owens v Brown That same year Congress approved a change to Title 10 USC Section 6015 to permit the Navy to assign women to fill sea duty billets on support and noncombatant ships 195 The Mann Act originally made it a felony to engage in interstate or foreign commerce transport of any woman or girl for the purpose of prostitution or debauchery or for any other immoral purpose In 1978 Congress updated the Mann Act s definition of transportation and added protections against commercial sexual exploitation for minors citation needed The federal lawsuit Melissa Ludtke and Time Inc Plaintiffs v Bowie Kuhn Commissioner of Baseball et al 1978 is credited with giving equal access to Major League Baseball locker rooms to women sports reporters 196 197 In 1977 Ludtke sued the baseball commission on the basis that her 14th amendment rights were violated when she was denied access to the New York Yankees clubhouse while reporting on the 1977 World Series 198 199 She won the lawsuit 200 201 the District Court for the Southern District of New York stated her right was violated since the New York Yankees clubhouse was controlled by New York City It also stated that her fundamental right to pursue a career was violated based on her sex 202 The 1887 Edmunds Tucker Act is repealed 46 47 Akron Ohio passes a city ordinance that restricts abortion rights 101 1979Bellotti v Baird is a Supreme Court case that ruled that teenagers do not have to secure parental consent to obtain an abortion The court elaborates on its parental consent decision in 1976 It implies that states may be able to require a pregnant unmarried minor to obtain parental consent to an abortion so long as the state law provides an alternative procedure to parental approval such as letting the minor seek a state judge s approval instead This plurality opinion declined to fully extend the right to seek and obtain an abortion granted to adult women in Roe v Wade to minors 203 The Court rejected this extension to minors by placing emphasis on the especially vulnerable nature of children their inability to make critical decisions in an informed and mature manner and the importance of the parental role in child rearing 203 204 Colautti v Franklin is a Supreme Court abortion rights case which held part of Pennsylvania s 1974 Abortion Control Act as void for vagueness citation needed Personnel Administrator of Massachusetts v Feeney is a case heard by the Supreme Court Its decision upheld the constitutionality of a state law giving hiring preference to veterans over nonveterans 205 The law was challenged as violating the Equal Protection Clause of the Fourteenth Amendment by a woman who argued that the law discriminated on the basis of sex because so few women were veterans 205 Duren v Missouri is a Supreme Court case in which it ruled that the exemption on request of women from jury service under Missouri law resulting in an average of less than 15 women on jury venires in the forum county violated the fair cross section requirement of the Sixth Amendment as made applicable to the States by the Fourteenth Amendment citation needed Cannon v University of Chicago is a Supreme Court case which interpreted Congressional silence in the face of earlier interpretations of similar laws to determine that Title IX of the Higher Education Act provides an implied cause of action 206 A lawsuit makes California change its boxing regulations which had limited women boxers to no more than four rounds 207 Missouri a court found that state law dealing with women having abortions after the first trimester needing to have it performed in a hospital was unconstitutional 208 1980Kentucky adopts a law preventing public hospitals from performing abortion procedures except to protect the life of the mother 151 The law was later ruled unconstitutional by the Sixth Circuit Court of Appeals but the state legislature passed a new version of the law in 1980 151 Shyamala Rajender v University of Minnesota is a landmark class action lawsuit dealing with sexual discrimination at an American university 209 The case was filed on September 5 1973 by Shyamala Rajender an assistant professor of chemistry at the University of Minnesota Rajender accused the university of engaging in employment discrimination on the basis of sex and national origin after she was turned down for a tenure track position despite being recommended for the position by several university committees 210 The suit was certified as a class action by the United States District Court for the District of Minnesota in 1978 After eleven weeks of trial the suit was settled in 1980 by a consent decree Rajender received 100 000 and Judge Miles Lord enjoined the university from discriminating against women on the basis of sex 211 Harris v McRae is a case in which the Supreme Court held that states that participated in Medicaid were not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the Hyde Amendment which restricted the use of federal funds for abortion It also held that the funding restrictions of the Hyde Amendment did not violate either the Fifth Amendment or the Establishment Clause of the First Amendment 212 non primary source needed Alexander v Yale 213 is the first use of Title IX 214 in charges of sexual harassment against an educational institution 215 1981Kirchberg v Feenstra is a Supreme Court case in which it decided that a Louisiana Head and Master law which gave sole control of marital property to the husband unconstitutional 216 H L v Matheson is a Supreme Court abortion rights case according to which a state may require a doctor to inform a teenaged girl s parents before performing an abortion or face criminal penalty Rostker v Goldberg is a decision of the Supreme Court proclaiming that the practice of requiring only men to register for the draft was constitutional In a 6 3 decision the Supreme Court held that this gender distinction was not a violation of the equal protection component of the due process clause and that the Act would stand as passed citation needed Bundy v Jackson is a D C Circuit opinion written by J Skelly Wright that held that workplace sexual harassment could constitute employment discrimination under the Civil Rights Act of 1964 citation needed Michael M v Superior Court of Sonoma County is a Supreme Court case over the issue of gender bias in statutory rape laws The petitioner argued that the statutory rape law discriminated based on gender and was unconstitutional The court ruled otherwise claiming that sexual intercourse entails a higher risk for women than men and it found the law just in targeting men as the only possible perpetrators of statutory rape 217 The version of the Hyde Amendment enforced from 1981 until 1993 prohibited the use of federal funds for abortions except where the life of the mother would be endangered if the fetus were carried to term 218 The Supreme Court determines in County of Washington v Gunther that the Bennett Amendment explicitly incorporated only limited defenses to unequal pay due to sex and did not otherwise bar suits based on a comparison of payment for different jobs Nevertheless it has continued to be used to bar comparable worth suits in lower courts citation needed 1982Mississippi University for Women v Hogan is a case decided 5 4 by the Supreme Court determining that the single sex admissions policy of the Mississippi University for Women violated the Equal Protection Clause of the Fourteenth Amendment 219 Chrapliwy v Uniroyal Inc is a US labor law decision of the U S Seventh Circuit Court of Appeals concerning the award of attorney s fees in a discrimination lawsuit The case involved allegedly discriminatory practices in violation of Title VII of the Civil Rights Act of 1964 The case settled in favor of the plaintiffs but litigants brought the issue of reasonable attorney s fees to the district court Chrapliwy v Uniroyal Inc found that the reasonable attorney s fees are recoverable for time spent persuading the federal government to debar a defendant from its contracts when engaging in discriminatory practices citation needed New York City After Brenda Berkman s requests for a firefighting test that was fairer for women were ignored she filed Brenda Berkman et al v The City of New York and won 220 A new test was created in which standards were changed so the test was job related and Brenda with 40 other women passed to enter the fire academy in 1982 221 Pennsylvania The Abortion Control Act is passed by the state government It required women seeking abortions to wait 24 hours before getting an abortion and required informed consent of parents for minor children and husbands for married women 222 223 1983Kentucky The 1981 unlawful abortion conviction of a Wayne County Kentucky man puts the issue of abortion before the Kentucky Supreme Court 224 In 1983 the court ruled that the seven month old fetus killed by the man during an attack on his wife could not be defined as a person under the Model Penal Code 224 City of Akron v Akron Center for Reproductive Health is a case in which the Supreme Court affirmed its abortion rights jurisprudence The case decided June 15 1983 struck down an Ohio abortion law with several provisions 225 non primary source needed Philadelphia County Pennsylvania After 139 years of being an all male public high school Central s all male policy is challenged by Susan Vorchheimer who wished to be admitted to Central On August 7 1975 U S District Court Judge Clarence C Newcomer ruled that Central must admit academically qualified girls starting in the fall term of 1975 The decision was appealed and the Third Circuit Court ruled that Central had the right to retain its present status 226 The case eventually reached the U S Supreme Court that on April 19 1977 upheld the Third Circuit Court s verdict by a 4 to 4 vote with one abstention 227 Washington removes its marital exemptions for first degree rape and second degree rape in 1983 228 1984The Supreme Court s 1984 ruling Grove City College v Bell 229 determines that Title IX applied only to those programs receiving direct federal aid 230 The case reached the Supreme Court when Grove City College disagreed with the Department of Education s assertion that it was required to comply with Title IX Grove City College was not a federally funded institution but they accepted students who were receiving Basic Educational Opportunity Grants through a Department of Education program 229 The Department of Education s stance was that because some of its students were receiving federal grants the school was receiving federal assistance and Title IX applied to it The court decided that since Grove City College was only receiving federal funding through the grant program only that program had to be in compliance The decision classified many institutions sports programs outside Title IX s rule reducing its scope 231 Roberts v United States Jaycees is an opinion of the Supreme Court overturning the United States Court of Appeals for the Eighth Circuit s application of a Minnesotan antidiscrimination law which had permitted the United States Junior Chamber Jaycees to exclude women from full membership citation needed People v Pointer is a criminal law case from the California Court of Appeal First District where the trial judge included in his sentencing a prohibition on the defendant becoming pregnant during her period of probation 232 The appellate court held that such a prohibition was outside the bounds of a judge s sentencing authority The case was remanded for resentencing to undo the overly broad prohibition against conception citation needed In Tallon v Liberty Hose Co No 1 Pa Super Ct 1984 a case concerning sex discrimination it is ruled that a volunteer fire department may be held liable under section 1983 for violating a plaintiff s constitutional rights 233 In Hishon v King amp Spaulding a case in which a woman claimed that her failure to be promoted to partner at a law firm was due to her gender the Supreme Court rules that Title VII of the Civil Rights Act of 1964 bans discrimination by employers in the context of any contractual employer employee relationship including but not limited to law partnerships 234 non primary source needed New York In People v Liberta judge Sol Wachtler states that a marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity A married woman has the same right to control her own body as does an unmarried woman 235 non primary source needed 1985Indianapolis Indiana American Booksellers Ass n Inc v Hudnut is a court case that successfully challenged the constitutionality of the Antipornography Civil Rights Ordinance as enacted in the city the previous year Judge Frank Easterbrook writing for the court held that the ordinance s definition and prohibition of pornography was unconstitutional 236 The ordinance did not refer to the prurient interest as required of obscenity statutes by the Supreme Court in Miller v California 237 but defined pornography by reference to its portrayal of women which the court held was unconstitutional as the First Amendment means that government has no power to restrict expression because of its message or its ideas 238 1986The 1986 Kentucky General Assembly passes legislation requiring parental consent for minors seeking abortions 239 The law required the consent of only the custodial parent if the parents did not live together and also allowed the minor to petition a district or circuit court for permission 240 Connecticut The Thurman Law aka the Family Violence Prevention and Response Act makes domestic violence an automatically arrestable offense even if the victim did not wish to press charges 241 non primary source needed Thornburgh v American College of Obstetricians and Gynecologists is a Supreme Court case involving a challenge to Pennsylvania s Abortion Control Act of 1982 242 Meritor Savings Bank v Vinson marks the Supreme Court s recognition of certain forms of sexual harassment as a violation of Civil Rights Act of 1964 s Title VII and established the standards for analyzing whether conduct was unlawful and when an employer would be liable citation needed The Mann Act originally made it a felony to engage in interstate or foreign commerce transport of any woman or girl for the purpose of prostitution or debauchery or for any other immoral purpose In 1978 Congress updated its definition of transportation and added protections against commercial sexual exploitation for minors In 1986 it was further amended to replace the ambiguous debauchery and any other immoral purpose with the more specific any sexual activity for which any person can be charged with a criminal offense as well as to make it gender neutral 243 In Alabama the marital exemption from the rape law is found unconstitutional in Merton v State 244 non primary source needed District of Columbia Women gain the right to go topless 245 Rhode Island No person shall be deprived of life liberty or property without due process of law nor shall any person be denied equal protection of the laws No otherwise qualified person shall solely by reason of race gender or handicap be subject to discrimination by the state its agents or any person or entity doing business with the state Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof 246 non primary source needed 1987California Federal S amp L Assn v Guerra is a Supreme Court case about whether a state may require employers to provide greater pregnancy benefits than required by federal law as well as the ability to require pregnancy benefits to women without similar benefits to men The court held that The California Fair Employment and Housing Act in 12945 b 2 which requires employers to provide leave and reinstatement to employees disabled by pregnancy is consistent with federal law citation needed In 1976 the Rotary Club of Duarte in Duarte California admitted three women as members After the club refused to remove the women from membership Rotary International revoked the club s charter in 1978 The Duarte club filed suit in the California courts claiming that Rotary Clubs are business establishments subject to regulation under California s Unruh Civil Rights Act which bans discrimination based on race gender religion or ethnic origin Rotary International then appealed the decision to the U S Supreme Court On 4 May 1987 it confirmed the Californian decision supporting women in the case Board of Directors Rotary International v Rotary Club of Duarte 247 Rotary International then removed the gender requirements from its requirements for club charters and most clubs in most countries have opted to include women as members of Rotary Clubs 248 249 Johnson v Transportation Agency is the only United States Supreme Court case to address a sex based affirmative action plan in the employment context The Court found that the plan did not violate the protection against discrimination on the basis of sex in the Civil Rights Act of 1964 s Title VII 250 non primary source needed 1988Arkansas An amendment to the state constitution says The policy of Arkansas is to protect the life of every unborn child from conception until birth to the extent permitted by the Federal Constitution 251 The Civil Rights Restoration Act of 1987 is passed which extended Title IX of the Civil Rights Act of 1964 coverage to all programs of any educational institution that receives any federal assistance both direct and indirect 252 1989Webster v Reproductive Health Services is a Supreme Court decision on July 3 upholding a Missouri law that imposed restrictions on the use of state funds facilities and employees in performing assisting with or counseling on abortions The Supreme Court in Webster allowed for states to legislate in an area that had previously been thought to be forbidden under Roe v Wade Price Waterhouse v Hopkins is a case overseen by the United States Supreme Court on the issue of employer liability for sex discrimination The decision established that gender stereotyping is actionable as sex discrimination and that mixed motive framework as an evidentiary framework for proving discrimination under a disparate treatment theory even when lawful reasons for the adverse employment action are also present 253 The first Restroom Equity Act in the United States is passed in California in 1989 254 It was introduced by then Senator Arthur Torres after several long waits for his wife to return from the bathroom 254 1990Hodgson v Minnesota is a Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion The law in question provided a judicial alternative The law was declared valid with the judicial bypass but the ruling struck down the two parent notification requirement non primary source needed 1991Rust v Sullivan is a Supreme Court case decided in 1991 that found restrictions on funding with regard to abortion counseling to be constitutionally permissible citation needed United Automobile Workers v Johnson Controls Inc is a decision by the Supreme Court establishing that private sector policies which allow men but not women to knowingly work in potentially hazardous occupations is gender discrimination and violates Title VII of the 1964 Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978 At the time the case was heard it was considered one of the most important sex discrimination cases since the passage of Title VII 255 In Robinson v Jacksonville Shipyards Inc a Florida district court judge rules that pictures of nude and partially nude women placed throughout the workplace do constitute sexual harassment 256 1992Planned Parenthood v Casey is a case decided by the Supreme Court in which the constitutionality of several Pennsylvania statutory provisions regarding abortion were challenged It differed from Roe v Wade to tie an abortion s legality to the third trimester associating the legal timeframe with fetal viability 257 In R A V v City of St Paul the United States Supreme Court overturns a statute prohibiting speech or symbolic expression that arouses anger alarm or resentment in others on the basis of race color creed religion or gender on the grounds that even if the specific statute was limited to fighting words it was unconstitutionally content based and viewpoint based because of the limitation to race religion sex based fighting words The Court however made it repeatedly clear that the City could have pursued any number of other avenues and reaffirmed the notion that fighting words could be properly regulated by municipal or state governments citation needed New York State In 1986 seven women who picnicked topless are charged in Rochester New York with baring that portion of the breast which is below the top of the areola 258 That law had originally been enacted to discourage topless waitresses The women were initially convicted but on appeal two of the women s charges were reversed by the New York State Court of Appeals in 1992 on equal protection grounds in Santorelli s case 259 260 261 245 Franklin v Gwinnett County Public Schools is a United States Supreme Court Case in which the Court decided in a unanimous vote that monetary relief is available under Title IX 262 Massachusetts On 16 April 1992 after eight years in court litigation in Massachusetts Gail Grandchamp gained the right to become a boxer as a state Superior Court judge deemed it was illegal to deny someone a chance to box based on gender 263 1993Maine passed abortion related legislation that said women have the right to terminate a pregnancy before viability 264 265 Harris v Forklift Systems Inc is a case in which the Supreme Court clarified the definition of a hostile or abusive work environment under Title VII of the Civil Rights Act of 1964 In a unanimous opinion written by Justice Sandra Day O Connor the court decided that a determination about whether a work environment is hostile or abusive requires a consideration of all relevant circumstances 266 Bray v Alexandria Women s Health Clinic is a Supreme Court case in which the court determined that 42 U S C 1985 3 does not provide a federal cause of action against persons obstructing access to abortion clinics Several abortion clinics most known was the Alexandria Health Clinic sued to prevent Jayne Bray and other anti abortion protesters from voicing their freedom of speech in front of the clinics in Washington D C 267 Alexandria Women s Health Clinic reported that the protesters violated 42 U S C 1985 3 which prohibits protests to deprive any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws 268 The Mexico City policy is rescinded by President Bill Clinton citation needed On October 22 Clinton signs into law the Departments of Labor Health and Human Services and Education and Related Agencies Appropriations Act 1994 269 It contained a new version of the Hyde Amendment that expanded the category of abortions for which federal funds are available under Medicaid to include cases of rape and incest 270 The Family and Medical Leave Act of 1993 is a United States federal law requiring covered employers to provide employees job protected and unpaid leave for qualified medical and family reasons Qualified medical and family reasons include personal or family illness family military leave pregnancy adoption or the foster care placement of a child 271 All states had either withdrawn exemptions used to legalize marital rape with the last states to do so being Oklahoma and North Carolina 272 Utah In Beynon v St George Dixie Lodge 1743 273 the Utah Supreme Court ruled that while Freedom of Association allowed the Elks to remain a men only organization the Elks may not avail itself of the benefits of a liquor license and the license s concomitant state regulation as long as it violated the Utah State Civil Rights Act Faced with losing their liquor licenses if they did not admit women the Elks Lodges of Utah voted to become unisex in June 274 which was followed by a vote at the Elks National Convention in July 1995 to remove the word male from the national membership requirements 275 1994Madsen v Women s Health Center Inc is a Supreme Court case where petitioners challenged the constitutionality of an injunction entered by a Florida state court which prohibits anti abortion protesters from demonstrating in certain places and in various ways outside of a health clinic that performs abortions 276 Its findings partly affirmed and reversed the judgment of the Florida Supreme Court 277 The Violence Against Women Act is a United States federal law signed by Clinton on September 13 It provided 1 6 billion towards the investigation and prosecution of violent crimes against women imposes automatic and mandatory restitution on those convicted and allows civil redress in cases prosecutors chose to leave un prosecuted The Act also establishes the Office on Violence Against Women within the Department of Justice citation needed In 1994 the Equity in Athletics Disclosure Act sponsored by congresswoman Cardiss Collins mandates federally assisted higher education institutions to disclose information on roster sizes for men s and women s teams as well as budgets for recruiting scholarships coaches salaries and other expenses annually 278 J E B v Alabama ex rel T B is a case in which the Supreme court decided that making peremptory challenges based solely on a prospective juror s sex is unconstitutional J E B extended the court s existing precedent in Batson v Kentucky which found race based peremptory challenges in criminal trials unconstitutional and Edmonson v Leesville Concrete Company which extended that principle to civil trials As in Batson the court found that sex based challenges violate the Equal Protection Clause citation needed The Freedom of Access to Clinic Entrances Act is a United States law that was signed by Clinton in May which included the prohibition of physical force threat of physical force or physical obstruction to impede or harm anyone who is obtaining or providing reproductive health services 279 280 1995The 89th Illinois General Assembly enacts the Parental Notice of Abortion Act which required physicians to give 48 hours notice to the parent grandparent or guardian of a minor seeking an abortion 281 However the law was enjoined by the courts for more than two decades 282 Women in Columbus Ohio gain the right to go topless 245 The Violent Crime Control and Law Enforcement Act requires the United States Sentencing Commission to increase the penalties for hate crimes committed on the basis of the actual or perceived gender race color religion national origin or ethnicity of any person In 1995 the Sentencing Commission implemented these guidelines which only apply to federal crimes 283 1996Fauziya Kasinga a 19 year old member of the Tchamba Kunsuntu tribe of Togo is granted asylum in 1996 after leaving an arranged marriage to escape female genital mutilation setting a precedent in U S immigration law as it was the first time the practice was accepted as a form of persecution 284 It was the first situation in which asylum was granted based on gender 285 United States v Virginia was a landmark case in which the Supreme Court struck down the Virginia Military Institute s long standing male only admission policy in a 7 1 decision citation needed The Newborns and Mothers Health Protection Act is a piece of legislation relating to the coverage of maternity by health insurance plans in the United States of America It is signed into law on September 26 and requires plans that offer maternity coverage to pay for at least a 48 hour hospital stay following childbirth 96 hour stay in the case of a caesarean section citation needed California The State shall not discriminate against or grant preferential treatment to any individual or group on the basis of race sex color ethnicity or national origin in the operation of public employment public education or public contracting 286 non primary source needed 1997New Hampshire Governor Jeanne Shaheen signs legislation that repealed most of the abortion restrictions in place in the state 287 Kansas State legislature passed the Woman s Right to Know Act which requires except in the case of a medical emergency a 24 hour period between the time that the woman is informed in writing of legally required information and the abortion 288 non primary source needed The Federal Prohibition of Female Genital Mutilation Act is enacted 289 Schenck v Pro Choice Network of Western New York was a case heard before the Supreme Court related to legal protection of access to abortion It ruled in an 8 1 decision that floating buffer zones preventing protesters approaching people entering or leaving abortion clinics were unconstitutional though fixed buffer zones around the clinics themselves remained constitutional 290 The Domestic Violence Offender Gun Ban often called the Lautenberg Amendment 291 292 is an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress in 1996 which bans access to firearms by people convicted of crimes of domestic violence non primary source needed Yeaw v Boy Scouts of America was a high profile case filed in 1997 before the Supreme Court of California to determine whether the Boy Scouts of America is a business establishment within the meaning of the Unruh Civil Rights Act Civ Code 51 and does not have the right to exclude girls from membership 293 294 Gloria Allred represented Melrose Place actress Hunter Tylo in 1997 when producer Aaron Spelling fired her because she was pregnant 295 296 A jury awarded Tylo 4 8 million The case set a precedent for actors to continue work if they become pregnant 297 Montana In 1997 the state legislature passes a law that said only physicians could perform abortions After a lawsuit they changed the law to allow nurse practitioners to perform abortions 298 1998The Kentucky General Assembly passes legislation that required clinics to have an Abortion Clinic License if they wanted to operate Part of this was a requirement for a transfer agreement between the clinic and a hospital and ambulance 299 Iowa All men and women are by nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty acquiring possessing and protecting property and pursuing and obtaining safety and happiness 300 non primary source needed Florida Basic rights All natural persons female and male alike are equal before the law and have inalienable rights among which are the right to enjoy and defend life and liberty to pursue happiness to be rewarded for industry and to acquire possess and protect property except that the ownership inheritance disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law No person shall be deprived of any right because of race religion national origin or physical disability 301 non primary source needed Women in Moscow Idaho gained the right to go topless 245 Faragher v City of Boca Raton was a Supreme Court case in which it identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment discrimination citation needed Burlington Industries Inc v Ellerth is a landmark employment law case of the Supreme Court that held employers liable if supervisors create a hostile work environment for employees The case also introduced a two part affirmative defense allowing employers to avoid sex discrimination liability if they follow best practices citation needed Lois E Jenson v Eveleth Taconite Co is the first class action sexual harassment lawsuit in the United States It was filed on behalf of Lois Jenson and other female workers at the EVTAC mine in Eveleth Minnesota citation needed Miller v Albright is a Supreme Court case in which the court upheld the validity of laws relating to U S citizenship at birth for children born outside the United States out of wedlock to an American parent citation needed In Gebser v Lago Vista Independent School District the Supreme Court rules that in order for a party to recover sexual harassment damages under Title IX of the Education Amendments of 1972 they must show that a school district official knew what was happening and was able to take measures to correct it if they wished and that the educational establishment deliberately failed to respond properly 302 non primary source needed Oncale v Sundowner Offshore Services is a case overseen by the Supreme Court It claimed sex discrimination by a male oil rig worker who stated that he was repeatedly subjected to sexual harassment by his male co workers with the acquiescence of his employer The Court held that Title VII s protection against workplace discrimination because of sex applied to harassment in the workplace between members of the same sex citation needed 1999In Davis v Monroe County Board of Education the Supreme Court rules that a school board can be held responsible under Title IX of the Education Amendments of 1972 for student on student sexual harassment 303 21st century2000Stenberg v Carhart is a case heard by the Supreme Court of the United States dealing with a Nebraska law that made performing partial birth abortion illegal without regard for the health of the mother Nebraska physicians who performed the procedure were subject to having their medical licenses revoked The court struck down the law finding the Nebraska statute criminalizing partial birth abortion s violated the Due Process Clause of the United States Constitution as interpreted in Planned Parenthood v Casey and Roe v Wade citation needed United States v Morrison is a Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution citation needed The EEOC rules that companies that provided insurance for prescription drugs to their employees but excluded birth control were violating the Civil Rights Act of 1964 304 non primary source needed 2001The Mexico City policy is reinstated by President George W Bush who implemented it through conditions in USAID grant awards and subsequently extended the policy to voluntary population planning assistance provided by the Department of State citation needed Ferguson v City of Charleston is a Supreme Court decision that found Medical University of South Carolina s policy regarding involuntary drug testing of pregnant women to violate the Fourth Amendment The court stated that the search in question was unreasonable citation needed Nguyen v INS is a Supreme Court case in which the court upheld the validity of laws relating to U S citizenship at birth for children born outside the United States out of wedlock or to an American parent The court declined to overturn a more restrictive citizenship requirement applying to a foreign born child of an American father and a non American mother who was not married to the father as opposed to a child born to an American mother under similar circumstances 305 306 2002Center for Reproductive Law and Policy v Bush is a case in which the United States Court of Appeals for the Second Circuit upheld the Bush administration s re imposition of the Mexico City policy which states that the United States will no longer contribute to separate nongovernmental organizations which perform or actively promote abortion as a method of family planning in other nations citation needed In Apessos v Memorial Press Group a Massachusetts state court makes a ruling forbidding employers from firing domestic violence survivors who need to take time off from work to obtain a court order of protection 307 California State legislature passes a law that says The state may not deny or interfere with a woman s right to choose or obtain an abortion prior to viability of the fetus or when the abortion is necessary to protect the life or health of the woman 308 309 2003In June the New Hampshire Parental Notification Prior to Abortion Act an act requiring parental notification before abortions may be performed on unemancipated minors is narrowly passed by the New Hampshire General Court 310 It was repealed in 2007 311 Scheidler v National Organization for Women is a Supreme Court case determining whether abortion providers could receive damages from protesters under the Racketeer Influenced and Corrupt Organizations Act 312 The Partial Birth Abortion Ban Act is a United States law prohibiting a form of late term abortion that it calls partial birth abortion referred to in medical literature as intact dilation and extraction 313 Nevada Department of Human Resources v Hibbs is a Supreme Court case which determined that the Family and Medical Leave Act of 1993 was narrowly targeted at sex based overgeneralization and was thus a valid exercise of congressional power under Section 5 of the Fourteenth Amendment 314 The Indiana Supreme Court recognizes the medical malpractice tort of wrongful pregnancy when a woman became pregnant after a failed sterilization procedure The court decided that the damages may include the cost of the pregnancy but may not include the ordinary cost of raising the child as the benefits of rearing the child could not be calculated 315 2005Jackson v Birmingham Board of Education is a case in which the Supreme Court held that retaliation against a person because that person has complained of sex discrimination is a form of intentional sex discrimination encompassed by Title IX citation needed McCorvey v Hill is a case in which the principal original litigant in Roe v Wade 316 Norma McCorvey requested the overturning of Roe The U S Court of Appeals for the Fifth Circuit ruled that McCorvey could not do this the United States Supreme Court denied certiorari on February 22 317 rendering the opinion of the Fifth Circuit final non primary source needed Eduardo Gonzalez et al v Abercrombie amp Fitch Stores Inc et al filed in June alleges that Abercrombie amp Fitch violated Title VII of the Civil Rights Act of 1964 by maintaining recruiting and hiring practice that excluded minorities and women and adopting a restrictive marketing image and other policies which limited minority and female employment 318 319 The female and Latino African American and Asian American plaintiffs charged that they were either not hired despite strong qualifications or if hired they were steered not to sales positions out front but to low visibility back of the store jobs stocking and cleaning up 320 In April 2005 the U S District Court approved a settlement valued at approximately 50 million which required Abercrombie amp Fitch to provide monetary benefits to the class of Latino African American Asian American and female applicants and employees who charged the company with discrimination 320 321 The settlement rendered as a Consent Decree also required the company to institute a range of policies and programs to promote diversity among its workforce and to prevent discrimination based on race or gender 318 321 Implementation of the Consent Decree continued into 2011 Abercrombie did not admit liability 320 The New York City Council passes a law requiring all new establishments falling under the terms of the legislation to maintain roughly a two to one ratio of women s bathroom stalls to men s stalls and urinals Existing establishments were required to come into compliance when they undergo extensive renovations while restaurants schools hospitals and municipal buildings were excluded 322 323 The U S Deficit Reduction Act of 2005 implemented in January 2007 prevented college health centers and many health care providers from participating in the drug pricing discount program which formerly allowed contraceptives to be sold to students and women of low income in the United States at low cost citation needed Tennessee law previously stated that a person could be guilty of the rape of a spouse at a time they are living together only if that person either was armed with a weapon or any article used or fashioned in a manner to lead the alleged victim to reasonably believe it to be a weapon or caused serious bodily injury to the alleged victim This meant that in practice most cases of marital rape could not be prosecuted since few rapes involve such extreme circumstances The law was repealed in 2005 allowing for marital rape to be treated like any other type of rape 324 325 326 South Dakota s legislature passes five laws curtailing the legality of abortion in 2005 327 2006Jespersen v Harrah s Operating Co is a United States federal employment law sex discrimination case Darlene Jespersen was a 20 year employee at Harrah s Casino in Reno Nevada In 2000 Harrah s advanced a Personal Best policy which created strict standards for employee appearance and grooming which included a requirement that women wear substantial amounts of makeup Jespersen was fired for non compliance with its policy and she argued the makeup requirement was contrary to her self image and that the requirement violated Title VII of the Civil Rights Act of 1964 328 329 In 2001 Jespersen filed a lawsuit in United States District Court for the District of Nevada which found against her claim The district court opined that the policy imposed equal burdens on both sexes and that the policy did not discriminate based on immutable characteristics of her sex The 9th Circuit Court of Appeals affirmed the decision but on rehearing en banc reversed part of its decision The full panel concluded in contrast to the previous rulings that such grooming requirements could be challenged as sex stereotyping in some cases even in view of the decision in Price Waterhouse v Hopkins However the panel found that Jespersen had not provided evidence that the policy had been motivated by stereotyping and affirmed the district court s finding for Harrah s 330 331 332 Khalid Adem an Ethiopian American is both the first person prosecuted and first person convicted for female genital mutilation in the United States 333 334 stemming from charges that he had personally excised his two year old daughter s clitoris with a pair of scissors 335 336 337 On November 24 Title IX regulations are amended to provide greater flexibility in the operation of single sex classes or extracurricular activities at the primary or secondary school level 338 Ayotte v Planned Parenthood of Northern New England is a case presided over by the Supreme Court involving a facial challenge to New Hampshire s parental notification abortion law The First Circuit had ruled that the law was unconstitutional and an injunction against its enforcement was proper The Supreme Court vacated this judgment and remanded the case but avoided a substantive ruling on the challenged law or a reconsideration of prior Supreme Court abortion precedent it only addressed the issue of remedy holding that invalidating a statute in its entirety is not always necessary or justified for lower courts may be able to render narrower declaratory and injunctive relief citation needed Governor Kathleen Blanco of Louisiana signs into law a ban on most forms of abortion unless the life of the mother was in danger or her health would be permanently damaged once it passed the state legislature The bill only went into effect if the United States Supreme Court reversed Roe v Wade and would allow the prosecution of any person who performed or aided in an abortion The penalties include up to 10 years in prison and a maximum fine of 100 000 339 In Burlington Northern amp Santa Fe Railway Co v White the standard for retaliation against a sexual harassment complainant is revised to include any adverse employment decision or treatment that would be likely to dissuade a reasonable worker from making or supporting a charge of discrimination citation needed The Michigan Civil Rights Initiative or Proposal 2 Michigan 06 2 was a ballot initiative that passed into Michigan constitutional law It was a citizen initiative aimed at stopping discrimination based on race color sex or religion in admission to colleges jobs and other publicly funded institutions effectively prohibiting affirmative action by public institutions based on those factors 340 Its constitutionality was challenged in federal court but its constitutionality was ultimately upheld by the Supreme Court 341 2007The New Hampshire Parental Notification Prior to Abortion Act is repealed 311 Massachusetts passes a law that established a 35 foot buffer zone around abortion clinics 342 It was struck down in 2014 342 Gonzales v Carhart is a Supreme Court case that upheld the Partial Birth Abortion Ban Act of 2003 343 Ledbetter v Goodyear Tire amp Rubber Co is an employment discrimination decision of the Supreme Court stating that employers cannot be sued under Title VII of the Civil Rights Act of 1964 over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more Justice Samuel Alito determined for the five justice majority that each paycheck received did not constitute a discrete discriminatory act even if affected by a prior decision outside the time limit Ledbetter s claim of the paycheck accrual rule was rejected 344 Michael Buday and Diana Bijon enlists the American Civil Liberties Union ACLU and filed a discrimination lawsuit against the state of California According to the ACLU the obstacles facing a husband who wishes to adopt his wife s last name violated the equal protection clause provided by the 14th Amendment of the Constitution 345 At the time of the lawsuit only the states of Georgia Hawaii Iowa Massachusetts New York and North Dakota explicitly allowed a man to change his name through marriage with the same ease as a woman As a result of the lawsuit the Name Equality Act of 2007 was passed to allow either spouse to change their name using their marriage license as the means of the change the law took effect in 2009 346 347 2008Nebraska 1 The state shall not discriminate against or grant preferential treatment to any individual or group on the basis of race sex color ethnicity or national origin in the operation of public employment public education or public contracting 3 Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment public education or public contracting 348 Maouloud Baby v State of Maryland 349 is a Maryland state court case relating to the ability to withdraw sexual consent 350 The jury in the trial court convicted Baby of first degree rape and related charges but the Court of Special Appeals based upon a 1980 precedent that held that a rape could not legally occur if a woman withdrew consent after penetration 351 reversed the conviction 352 That precedent interpreted the English common law such that the withdrawal of consent following initial penetration did not make the act a rape The court noted other states had noted that the act of intercourse is not completed at the initial penetration and so consent could be withdrawn at any point during intercourse For rape the court noted that force or threat of force was a necessary element of the crime Due to issues involving the instructions to the jury regarding rape and consent the case was remanded for a new trial In 2008 the Court of Appeals affirmed the Court of Special Appeals reversal of the convictions and remand for re trial due to the trial court s error in failing to answer the jury s questions about whether a sex act continued after the withdrawal of consent could constitute rape if penetration had already occurred 349 However the court ruled that consent could be withdrawn at any time even if the victim had initially consented 353 The Federal Bureau of Prisons mandates that in all federal correctional facilities inmates in labor delivery or post delivery recuperations shall not be placed in restraints unless there are reasonable grounds to believe the inmate presents an immediate serious threat of hurting herself or others or there are reasonable grounds to believe the inmate presents an immediate and credible risk of escape 354 In April Bush signs the Second Chance Act into law requiring all federal facilities to document and report the use of physical restraints on pregnant female prisoners during pregnancy labor delivery and post delivery and justify the use of restraints with documented security concerns 354 2009The Lilly Ledbetter Fair Pay Act of 2009 is a federal statute in the United States that was the first bill signed into law by President Barack Obama on January 29 It amends the Civil Rights Act of 1964 citation needed The Mexico City policy was rescinded January 23 355 The Matthew Shepard and James Byrd Jr Hate Crimes Prevention Act is an American Act of Congress passed on October 22 2009 356 and signed into law by President Barack Obama on October 28 2009 357 as a rider to the National Defense Authorization Act for 2010 H R 2647 Conceived as a response to the murders of Matthew Shepard and James Byrd Jr the measure expands the 1969 United States federal hate crime law to include crimes motivated by a victim s actual or perceived gender sexual orientation gender identity or disability 358 2010Nebraska becomes the first state to use the disputed notion of fetal pain as a rationale to ban abortion after 20 weeks 359 In Reeves v C H Robinson Worldwide Inc the United States Court of Appeals for the Eleventh Circuit rules that a hostile work environment can be created in a workplace where sexually explicit language and pornography are present A hostile workplace may exist even if it is not targeted at any particular employee 360 Section 4207 of the Patient Protection and Affordable Care Act amends the Fair Labor Standards Act and required employers to provide a reasonable break time for an employee to breastfeed her child if it is less than one year old 361 362 Sex discrimination is outlawed in health insurance 363 Executive Order 13535 is an executive order announced by Obama on March 21 and signed on March 24 It reinforces a commitment to preservation of the Hyde Amendment s policy restricting federal funds for abortion within the context of recent health care legislation 364 365 The order was signed after an agreement with anti abortion Democratic Congressman Bart Stupak who had said he and several other anti abortion Democrats in the House of Representatives would not support the Patient Protection and Affordable Care Act unless the bill s language prohibiting federal funding of abortions was strengthened 366 367 2011Wal Mart v Dukes is a Supreme Court case in which the court by a 5 4 decision reversed the district court s decision to certify a class action lawsuit where the plaintiff class included 1 6 million women who currently work or have worked for Wal Mart stores including the lead plaintiff Betty Dukes Dukes a current Wal Mart employee and others alleged gender discrimination in pay and promotion policies and practices in Wal Mart stores 368 A New Hampshire parental notification law about abortion is passed again after the Republican controlled House and Senate overrode Democratic governor John Lynch s veto 369 2012Oklahoma A fetal heartbeat bill SB 1274 is signed into law by then Oklahoma governor Mary Fallin that required an abortion provider to offer a woman the opportunity to hear the conceptus s heartbeat before ending the pregnancy and applied when the conceptus was at least eight weeks old The bill took effect later in the year 370 New Hampshire passes a law that requires minors to wait 48 hours after requesting an abortion but no longer required parental consent 287 371 372 Mississippi state legislature passed a law that required abortion clinics to have doctors on staff with hospital admitting privileges 373 Arizona Governor Jan Brewer signed into law in April abortion restrictions that prohibited the procedure after 20 weeks 374 375 The U S Ninth Circuit Court of Appeals overturned this law in January 2015 374 375 376 In Planned Parenthood v Rounds the United States Court of Appeals for the Eighth Circuit ruled that a South Dakota law requiring doctors to give patients information about the potential suicide risk in women who have abortions was not unconstitutional 377 An item in the Provisions of the Patient Protection and Affordable Care Act effective August 1 states that all new health insurance plans must cover certain preventive services such as mammograms and colonoscopies without charging a deductible co pay or coinsurance Women s preventive services including well woman visits gestational diabetes screening human papillomavirus DNA testing for women age 30 and older sexually transmitted infection counseling human immunodeficiency virus screening and counseling FDA approved contraceptive methods and contraceptive counseling breastfeeding support supplies and counseling and domestic violence screening and counseling will be covered without cost sharing 378 The requirement to cover FDA approved contraceptive methods is also known as the contraceptive mandate 379 380 2013Ohio passes a Targeted Regulation of Abortion Providers bill containing provisions related to admitting privileges and licensing and requiring clinics to have a transfer agreement with a hospital 381 A law is signed in Ohio by Governor John Kasich which mandates among other things that doctors who do not test for a fetal heartbeat when a patient seeks an abortion tell the patient in writing if there is a heartbeat and then tell them the statistical likelihood that the fetus could be carried to term are subject to criminal penalties The doctor s failure to do so would be a first degree misdemeanor carrying up to six months in jail for the first violation and a fourth degree felony carrying up to 18 months in jail for subsequent violations 382 A bill banning abortion after twelve weeks is passed on January 31 by the Arkansas Senate 383 384 but vetoed in Arkansas by Governor Mike Beebe On March 6 his veto was overridden by the Arkansas House of Representatives 384 385 A federal judge issued a temporary injunction against the Arkansas law in May 386 and in March 2014 it was struck down by federal judge Susan Webber Wright who described the law as unconstitutional 387 The Transport for Female Genital Mutilation Act which prohibits knowingly transporting a girl out of the United States for the purpose of undergoing FGM is enacted 388 On March 7 Obama signs the Violence Against Women Reauthorization Act of 2013 389 The renewed act expanded federal protections to gays lesbians and transgender individuals Native Americans and immigrants 390 391 392 Kansas lawmakers approve sweeping anti abortion legislation on April 6 that says life begins at fertilization forbids abortion based on gender and bans Planned Parenthood from providing sex education in schools 393 Washington renounces the exemption preventing a spouse from being prosecuted with third degree rape against the other spouse 394 2014Arkansas A bill banning abortion after twelve weeks is passed on January 31 2013 by the state senate 383 384 but vetoed in Arkansas by Beebe On March 6 of the same year his veto was overridden by the Arkansas House of Representatives 384 385 A federal judge issued a temporary injunction against the Arkansas law in May 2013 386 and in March 2014 it was struck down by Wright who described the law as unconstitutional 387 The Board of Immigration Appeals America s highest immigration court found for the first time that women who were victims of severe domestic violence in their home countries could be eligible for asylum in the United States 395 As the ruling was in the case of a woman from Guatemala it only applies to women from that country 395 Burwell v Hobby Lobby is a landmark decision 396 397 by the Supreme Court allowing closely held for profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law s interest It is the first time that the court has recognized a for profit corporation s claim of religious belief 398 but it is limited to closely held corporations a The decision is an interpretation of the Religious Freedom Restoration Act and does not address whether such corporations are protected by the free exercise of religion clause of the First Amendment of the Constitution For such companies the court s majority decision directly struck down the contraceptive mandate a regulation adopted by the US Department of Health and Human Services HHS under the Affordable Care Act requiring employers to cover certain contraceptives for their female employees by a 5 4 vote 399 The court said that the mandate was not the least restrictive way to ensure access to contraceptive care noting that a less restrictive alternative was being provided for religious non profits until the court issued an injunction three days later effectively ending said alternative replacing it with a government sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control 400 McCullen v Coakley is a case looked over by the Supreme Court where it unanimously held that Massachusetts 35 feet fixed abortion buffer zones established via amendments to that state s Reproductive Health Care Facilities Act violated the First Amendment to the U S Constitution because it limited free speech too broadly citation needed Oregon Equality of rights under the law shall not be denied or abridged by the state of Oregon or by any political subdivision in this state on account of sex 401 non primary source needed Louisiana passes a law that appeared to require the state to maintain a database of women who had abortions in the state and the type of abortion received 402 Louisiana Act 620 modeled after one passed earlier in Texas required that any doctor performing abortions also have admittance privileges at an authorized hospital within a 30 mile radius of the abortion clinic among other new requirements At the time the law was passed only one doctor had these privileges effectively leaving only one legal abortion clinic in the state 403 2015Arizona Brewer signed into law in April 2012 abortion restrictions that prohibited the procedure after 20 weeks 374 375 The U S Ninth Circuit Court of Appeals overturned this law in January 2015 374 375 376 Tennessee establishes a required 48 hour waiting period before obtaining an abortion 404 Kansas becomes the first state in the United States to ban the dilation and evacuation procedure 405 The law was later struck down by the Kansas Court of Appeals in January 2016 without ever having gone into effect 406 The Obama administration issues a new rule stating that a closely held for profit company that objects to covering contraception in its health plan can write a letter to the Department of Health and Human Services stating its objection and that the Department will then notify a third party insurer of the company s objection who will provide birth control coverage to the company s female employees at no additional cost to the company 407 A policy update requires all Indian Health Service run pharmacies clinics and emergency departments to have Plan B One Step in stock to distribute it to any woman or her representative who asked for it without a prescription age verification registration or any other requirement to provide orientation training to all staff regarding the medication to provide unbiased and medically accurate information about emergency contraception and to make someone available at all times to distribute the pill in case the primary staffer objected to providing it on religious or moral grounds 408 Pao v Kleiner Perkins is a lawsuit filed in 2012 in San Francisco County Superior Court under the law of California by executive Ellen Pao for gender discrimination against her employer Kleiner Perkins Caufield amp Byers Overlapping with a number of studies on the representation of women in venture capital the case was followed closely by reporters advocacy groups and Silicon Valley executives 409 Given the tendency for similar cases to reach settlements out of court coverage of Pao v Kleiner Perkins described it as a landmark trial once it began in February 410 411 On March 27 the jury found in favor of Kleiner Perkins on all counts citation needed In the Supreme Court case Texas Dept of Housing and Community Affairs v Inclusive Communities Project Inc the court determines that Congress specifically intended to include disparate impact claims in the Fair Housing Act but that such claims require a plaintiff to prove it is the defendant s policies that cause a disparity 412 The Fair Housing Act prohibits discrimination based on sex 413 Young v United Parcel Service is a Supreme Court case in which the court evaluated the requirements for bringing a disparate treatment claim under the Pregnancy Discrimination Act 414 In a 6 3 decision the court determined that to bring such a claim a pregnant employee must show that their employer refused to provide accommodations and that the employer later provided accommodations to other employees with similar restrictions 414 dead link California Based on a report prepared by NARAL Pro Choice America which alleged that Crisis Pregnancy Centers CPCs were providing misleading and inaccurate information 415 state legislature passes the Reproductive FACT Freedom Accountability Comprehensive Care and Transparency Act in October It required any licensed healthcare facility that provided care services related to pregnancies to post a notice that stated California has public programs that provide immediate free or low cost access to comprehensive family planning services including all FDA approved methods of contraception prenatal care and abortion for eligible women The law set provisions where this notice was to be posted and established civil fines if facilities did not comply 416 2016The FACT Act of New York state made patients aware of state sponsored services that are available at crisis pregnancy centers 417 The law goes into effect January 1 418 non primary source needed Zubik v Burwell is a case seen before the Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate a regulation adopted by the HHS under the Affordable Care Act that requires non church employers to cover certain contraceptives for their female employees even though churches are already exempt under those regulations 419 On May 16 the Supreme Court issued a per curiam decision ruling in Zubik v Burwell that vacated the decisions of the Circuit Courts of Appeals and remanded the case to the respective United States Courts of Appeals for the Third Fifth Tenth and D C Circuits for reconsideration in light of the positions asserted by the parties in their supplemental briefs 420 Because the petitioners agreed that their religious exercise is not infringed where they need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception the court held that the parties should be given an opportunity to clarify and refine how this approach would work in practice and to resolve any outstanding issues 421 The Supreme Court expressed no view on the merits of the cases 422 In a concurring opinion Justices Sotomeyer and Ginsburg noted that in earlier cases some lower courts have ignored those instructions and cautioned lower courts not to read any signals in the Supreme Court s actions in this case 423 Voisine v United States is a Supreme Court case in which it determined that reckless misdemeanor domestic violence convictions trigger gun control prohibitions on gun ownership 424 425 426 Whole Woman s Health v Hellerstedt is a Supreme Court case decided on June 27 when it ruled 5 3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion It has been called the most significant abortion rights case before the Supreme Court since Planned Parenthood v Casey in 1992 427 The Survivors Bill of Rights Act of 2016 is passed by the United States Congress in September and signed into law by Obama on October 7 The law overhauls the way that rape kits are processed within the United States and creates a bill of rights for victims Through the law survivors of sexual assault are given the right to have a rape kit preserved for the length of the case s statute of limitations to be notified of an evidence kit s destruction and to be informed about results of forensic exams 428 non primary source needed The Obama administration issues guidance that informed states that ending Medicaid funding for Planned Parenthood or other health care providers that performed abortions might be against federal law The Obama administration contended that Medicaid law permitted states to ban providers from the program only if the providers could not perform covered services or bill for those services However the Trump administration repealed this guidance in 2018 429 A 2016 Alabama law bans dilation and evacuation 430 In August 2018 the Eleventh Circuit ruled the D amp E legislation to be unconstitutional preventing it from being enforced 431 South Carolina governor Nikki Haley signs legislation that brought into effect a 20 week abortion ban in 2016 432 2017A law passed by the Wyoming state legislature goes into effect that prohibits the sale of fetal tissue Another law went into effect in the state that required abortion service providers to give women seeking abortions an ultrasound but had no enforcement component 373 The 100th Illinois General Assembly repealed the trigger law component of the Illinois Abortion Law of 1975 but left many of its other provisions intact In the same act the General Assembly provided for abortion to be covered under Medicaid and state employee health insurance The bill was signed into law by pro choice Republican governor Bruce Rauner 433 The Mexico City policy is reinstated by President Donald Trump 434 who also expands it to cover all global health organizations that receive U S government funding rather than only family planning organizations that do as was previously the case 435 A new law ends Obama s executive order which would have mandated companies trying to get contracts with the federal government to show compliance with federal anti discrimination laws 436 That executive order had been enjoined by a federal judge in October 2016 437 A rule about abortions is overturned by new legislation 438 In late 2016 the Obama administration issued the rule effective in January 2017 banning U S states from withholding federal family planning funds from health clinics that give abortions including Planned Parenthood affiliates this rule mandates that local and state governments give federal funds for services related to sexually transmitted infections pregnancy care fertility contraception and breast and cervical cancer screening to qualified health providers whether or not they give abortions 439 The rule was blocked by a federal judge the day before it would have taken effect 440 The Ninth U S Circuit Court of Appeals rules that employers could pay women less than men for the same work if they based that on differences in the workers previous salaries 441 The Trump administration issues a ruling letting insurers and employers refuse to provide birth control if doing so went against their religious beliefs or moral convictions 442 Federal judge Wendy Beetlestone issues an injunction temporarily stopping the enforcement of the Trump administration ruling letting insurers and employers refuse to provide birth control if doing so went against their religious beliefs or moral convictions 442 443 Delaware s state legislature updates its legal code on abortion to read The termination of a pregnancy prior to viability to protect the life or health of the mother or in the event of serious fetal anomaly 264 444 The Reproductive Health Equity Act is passed which required health insurance in Oregon to offer abortion coverage and to absorb most of the costs for the procedure 445 446 447 2018The Trump administration repeals guidance issued in 2016 by the Obama administration which had informed states that ending Medicaid funding for Planned Parenthood or other health care providers that performed abortions might be against federal law The Obama administration had contended that Medicaid law permitted states to ban providers from the program only if the providers could not perform covered services or bill for those services 429 National Institute of Family and Life Advocates v Becerra is a case before the Supreme Court addressing the constitutionality of California s FACT Act which mandated that crisis pregnancy centers provide certain disclosures about state services The centers typically run by Christian non profit groups challenged the act on the basis that it violated their free speech After prior reviews in lower courts the case was brought to the Supreme Court asking Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment applicable to the states through the 14th Amendment 448 The Court ruled on June 26 in a 5 4 decision that the notices required by the FACT Act violate the First Amendment by targeting speakers rather than speech 449 A law is signed making California the first state in America to require women to be included on companies boards of directors and requires all publicly traded California companies to have at least one woman on their boards by the end of 2019 and in 2021 requires five member boards to have two female members and boards with six or more members to have three 450 The Stop Enabling Sex Traffickers Act SESTA and Allow States and Victims to Fight Online Sex Trafficking Act FOSTA are the U S Senate and House bills that as the FOSTA SESTA package became law on April 11 They clarify the country s sex trafficking law to make it illegal to knowingly assist facilitate or support sex trafficking and amend the Section 230 safe harbors of the Communications Decency Act which make online services immune from civil liability for the actions of their users to exclude enforcement of federal or state sex trafficking laws from its immunity citation needed On November 20 Judge Bernard A Friedman rulea that the federal Female Genital Mutilation Act of 1996 was unconstitutional The defendants in this case which led to this ruling had argued successfully that the practice does not pertain to the Commerce Clause under which the federal law was passed 451 The First Step Act becomes law requiring the Federal Bureau of Prisons to make feminine hygiene products available to prisoners for free in a quantity that is appropriate to the healthcare needs of each prisoner 452 453 It also prohibits the use of restraints on pregnant women unless the woman is an immediate and credible flight risk that cannot reasonably be prevented by other means or poses an immediate and serious threat of harm to herself or others that cannot reasonably be prevented by other means or a healthcare professional responsible for the health and safety of the prisoner determines that the use of restraints is appropriate for the medical safety of the prisoner For those situations in which restraints are allowed the legislation mandates the use of the least restrictive restraints necessary 454 but only applies to federal prisons 452 Indiana The General Assembly shall not grant to any citizen or class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens 455 non primary source needed Mississippi District Judge Carlton Reeves blocked a law banning abortion at 15 weeks from taking effect 456 The Violence Against Women Act expirea on December 21 citation needed In April and June Ketanji Brown Jackson of the United States District Court for the District of Columbia presides over two cases challenging the Department of Health and Human Services decision to terminate grants for teen pregnancy prevention programs two years early 457 Jackson ruled that the decision to terminate the grants early without any explanation for doing so was arbitrary and capricious 458 A 2016 Alabama law that banned dilation and evacuation is overturned in August 2018 by the Eleventh Circuit 431 Arizona state legislature passes a law that requires the Arizona Health Department to apply for Title X funds as part of their attempts to defund Planned Parenthood 459 Iowa On May 4 Governor Kim Reynolds signs into law a bill that banned abortion in Iowa after a fetal heartbeat is detected starting July 1 460 On January 22 2019 a county district judge declared the law to be in violation of Iowa s State Constitution and entered a permanent injunction prohibiting its enforcement 461 2019Arizona On January 1 a new law came into effect that required women to provide detailed medical information that was to be submitted to the state before they were allowed to have an abortion Among the information the new law required abortion providers to collect was whether the abortion was elective or therapeutic the number of abortions they have had in the past and information on any medical complications they have as a result of the abortion This information is then collected by Department of Health Services who provide the state with an annual report on abortions in the state along with information on the how abortions are paid for in the state 374 Iowa On January 22 a county district judge declares the law Reynolds signed on May 4 2018 to be in violation of Iowa s State Constitution and entered a permanent injunction prohibiting its enforcement 461 National Coalition for Men v Selective Service System is a court case decided on February 22 that declared that the exclusion of female conscription from the male only draft in the United States was unconstitutional The case did not specify any action that the government must take 462 Minnesota Until July 2019 sexual violence occurring between spouses at the time they cohabit or between unmarried partners could be prosecuted only if there was force or threat of thereof due to exemptions created by Article 609 349 which stipulated that certain sexual offenses do not apply to spouses unless they are separated and neither do they apply to unmarried cohabitants In July these exemptions were repealed 463 464 The Trust Nevada Women Act SB 179 is signed into law by Democratic governor Steve Sisolak The new law made several changes to existing abortion laws in the state of Nevada including the decriminalization of abortion procedures and the removal of informed consent laws that said doctors needed to tell women of the emotional implications in having an abortion and what women should do after the procedure to avoid post op complications the latter was changed to require doctors to describe the nature and consequences of the procedure of abortion to women getting abortions The law also meant doctors no longer had to collect data about women getting abortions related to their marital status and age 465 466 Box v Planned Parenthood of Indiana and Kentucky Inc is a Supreme Court case dealing with the constitutionality of a 2016 anti abortion law passed in the state of Indiana Indiana s law sought to ban abortions performed solely on the basis of the fetus gender race ethnicity or disabilities Lower courts had blocked enforcement of the law for violating a woman s right to abortion under privacy concerns within the Fourteenth Amendment as previously found in Roe v Wade and Planned Parenthood v Casey The lower courts also blocked enforcement of another portion of the law that required the disposal of aborted fetuses through burial or cremation The per curiam decision by the Supreme Court overturned the injunction on the fetal disposal portion of the law but otherwise did not challenge or confirm the lower courts ruling on the non discrimination clauses leaving these in place citation needed In June the Trump administration is allowed by a federal court of appeals to implement while legal appeals continue a policy restricting taxpayer dollars given to family planning facilities through Title X This policy requires that companies receiving Title X funding must not mention abortion to patients provide abortion referrals or share space with abortion providers 467 468 A federal lawsuit in the Tenth Circuit regarding Fort Collins s ordinance against female toplessness is won at the appellate level In September after spending over 300 000 Fort Collins decided to stop defending their ordinance against female toplessness and repeal it That effectively gave females of all ages the right to go topless wherever males can in the jurisdiction of the Tenth Circuit Wyoming Utah Colorado New Mexico Kansas and Oklahoma states as well as all counties and cities therein 469 Delaware Equality of rights under the law shall not be denied or abridged on account of sex 470 non primary source needed A federal judge declares the Trump administration s conscience rule that would have allowed providers of health care to refuse to participate in sterilizations abortions or other types of care they disagreed with on moral or religious grounds to be unconstitutional 471 The Fifth U S Circuit Court of Appeals declares that Mississippi s ban on abortion at 15 weeks was unconstitutional the court said Reeves ruled correctly when he blocked the Mississippi law banning abortion at 15 weeks from taking effect in 2018 On May 20 the California State Senate passes Senate Bill 24 the College Student Right to Access Act The Act requires public state universities to offer mifepristone the abortion pill to female students at zero cost by January 1 2023 funding for the program will be paid for through insurance and private grants with 200 000 to each University of California and California State University health clinic for training and equipment University clinics also have to set aside an additional 200 000 each to set up a student hotline to provide information to women seeking advice and assistance 472 The bill was approved by both the California State Assembly and California State Senate as amended on September 13 2019 was enacted by Governor Gavin Newsom on October 11 2019 and went into effect on January 1 2020 473 Illinois passes bills collectively known as the Illinois Reproductive Health Act that provided statutory protections for abortions and rescinded previous legislation that banned some late term abortions and a 45 year old law that had made performing such abortions a criminal offense 474 475 476 The Illinois Reproductive Health Act says that women have the fundamental right to access abortion services and that a fertilized egg embryo or fetus does not have independent rights 477 A fetal heartbeat bill is signed into law by Mississippi Governor Phil Bryant 478 Indiana legislature passes a ban of the most common type of second trimester abortion procedure in the state in April 2019 479 In April the Kansas Supreme Court rules that the right to abortion is inherent within the state s constitution and bill of rights such that even if Roe v Wade was overturned and the federal protection of abortion rights was withdrawn the right would still be allowed within Kansas barring a change in the state constitution 480 Before 2019 Kentucky law prohibits abortions after week 22 which changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year 481 U S District Judge William Osteen formally strikes down North Carolina s life of the mother only 20 week abortion ban His judgement pushed the date of which abortions could be performed to the date of viability which is later for many women 482 483 New York state passes the Reproductive Health Act which repealed a pre Roe v Wade provision that banned third trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman s life 484 485 486 The law said The legislature finds that comprehensive reproductive health care including contraception and abortion is a fundamental component of a woman s health privacy and equality 486 The bill also allowed qualified health practitioners to perform abortions not just licensed medical doctors 486 487 488 The Reproductive Privacy Act bans Rhode Island from restricting an individual person from preventing commencing continuing or terminating that individual s pregnancy prior to fetal viability or after fetal viability to preserve the health or life of the pregnant individual It also forbade state restrictions on contraceptives in Rhode Island repealed bans on partial birth abortions in Rhode Island forbade medical professionals from being charged with felony assault for performing abortions in Rhode Island and repealed requirements for abortion providers to notify a husband before giving his wife an abortion in Rhode Island 489 Ohio governor Mike DeWine signs the Human Rights and Heartbeat Protection Act which bans abortion in the state after an embryonic cardiac activity is detectable On June 24 2022 after the Supreme Court of the United States overturned Roe v Wade judge Michael R Barrett lifted a preliminary injunction that had blocked state officials from enforcing the law against certain abortion providers allowing the Human Rights and Heartbeat Protection Act to take full effect 490 491 Utah legislature passes a bill limiting abortions after 18 weeks of pregnancy 492 2020Democratic Virginia governor Ralph Northam signs bills removing regulations that had required abortion seekers to have an ultrasound at least 24 hours before receiving an abortion and to get counseling on alternatives to abortion removing the requirement that facilities providing more than five abortions each year be designated as hospitals and allowing nurse practitioners to perform first trimester abortions 493 In March Oklahoma governor Kevin Stitt signs an executive order to limit elective medical procedures later confirming that all types of abortion services were included except for those necessary in a medical emergency or to prevent serious health risks to the pregnant woman On April 6 federal judge Charles Barnes Goodwin blocked the executive order ruling that the state acted in an arbitrary unreasonable and oppressive way which posed an undue burden on abortion access in Oklahoma 494 On March 24 Idaho governor Brad Little signs into law S1385 which is a trigger law stating that if and when states are again allowed to ban abortion on their own authority then abortion would be illegal in Idaho except for cases of the life of the mother rape or incest 495 496 497 June Medical Services LLC v Russo is a Supreme Court case in which the court ruled that a Louisiana state law placing hospital admission requirements on abortion clinics doctors which had mirrored a Texas state law previously found unconstitutional under Whole Woman s Health v Hellerstedt was also unconstitutional citation needed After the passage of the ROE Act in 2020 which codified abortion rights in Massachusetts abortions can be performed after 24 weeks in cases of fetal anomalies and risks to a patient s mental or physical health The ROE Act also lowered the age patients can have abortions without parental consent from 18 to 16 498 A law is enacted in Mississippi banning abortions based on the sex race or genetic abnormality of the fetus 499 Our Lady of Guadalupe School v Morrissey Berru is a U S Supreme Court case involving the ministerial exception of federal employment discrimination laws The case along with the consolidated St James School v Biel Docket 19 348 arose from rulings in the United States Court of Appeals for the Ninth Circuit that found that federal discrimination laws do apply to others within a religious organization that serve an important religious function but lack the title or training to be considered a religious leader under Hosanna Tabor The religious organization challenged that ruling on the basis of Hosanna Tabor The Supreme Court ruled in a 7 2 decision on July 8 that reversed the Ninth Circuit s ruling affirming that the principles of Hosanna Tabor that a person can be serving an important religious function even if not holding the title or training of a religious leader satisfied the ministerial exception in employment discrimination citation needed On October 6 2017 Health and Human Services issued a new rule with an updated religious exemption that protected religious non profits 500 though Beetlestone issued an injunction temporarily stopping the enforcement of that exemption 442 443 Pennsylvania also sued the federal government to take away the exemption 501 and asked a judge to order that the Little Sisters of the Poor must comply with the federal mandate or pay tens of millions of dollars in fines 502 The state alleged that the religious organization violated the Constitution federal anti discrimination law and the Administrative Procedure Act APA 503 On July 8 in Little Sisters of the Poor v Pennsylvania the Supreme Court ruled against and in favor of Little Sisters of the Poor 503 504 National Coalition for Men v Selective Service System was a court case decided on February 22 2019 whose decision declared that the exclusion of female conscription from the male only draft in the United States was unconstitutional the decision did not specify any action that the government must take 462 The decision was appealed 505 and a decision by a three judge panel of the Fifth Circuit Court of Appeals was issued on August 13 2020 reversing the 2019 decision on the grounds that it amounted to overturning the Supreme Court s precedent which only the Supreme Court has the authority to do 506 507 Louisiana voters pass a measure to amend the state constitution to omit any language implying that a woman has a right to get an abortion or that any abortion that does occur should be funded 508 Tennessee bans abortions because of a prenatal diagnosis of Down syndrome or because of the fetus s gender or race 509 The city of East Lansing Michigan makes it legal for women to go topless 510 Ohio A bill is signed into law requiring all aborted fetal tissue to be cremated or buried 511 2021South Dakota governor Kristi Noem signs an executive order requiring in person medical visits for the prescription of medication abortions 512 In January New Jersey governor Phil Murphy signs the Freedom of Reproductive Choice Act into law preserving the legal right to obtain an abortion 513 Indiana A law goes into effect in mandating an ultrasound 18 hours or more before an abortion is performed 514 The STOP FGM Act of 2020 is signed into law giving federal authorities the power to prosecute those who carry out or conspire to carry out female genital mutilation as well as increasing the maximum prison sentence from five to ten years 515 The Supreme Court reinstates federal rules mandating anyone having a medication abortion to acquire the pills for it from a medical provider in person 516 President Joe Biden rescinds the Mexico City policy 517 In February South Carolina passes a law that would outlaw almost all abortions in that state after a fetal heartbeat is detected but it was prevented from coming into effect by a judge in March 2021 518 The Minnesota Supreme Court rules that people who drink alcohol or take drugs of their own free will before being sexually assaulted do not meet the Minnesota legislature s definition of mentally incapacitated 519 Utah A law goes into effect requiring the biological father of a pregnant woman s unborn child to pay 50 of that pregnant woman s out of pocket pregnancy related medical costs 520 In autumn the Illinois General Assembly passes a bill to repeal the Parental Notice of Abortion Act 521 Governor Pritzker signs it into law on December 17 522 Lebanon Ohio passes an ordinance whereby abortion at all stages of pregnancy was outlawed 523 Mason Ohio bans abortion at all stages but is repealed later that year 524 525 2022On January 1 a bill passes that required patients receiving abortion care at a health center in New Hampshire to have an ultrasound 526 On March 15 Biden signs the reauthorization of the Violence Against Women Act into law as part of the Consolidated Appropriations Act of 2022 known as the Violence Against Women Act Reauthorization Act of 2022 527 528 In April Colorado passes the Reproductive Health Equity Act which guarantees access to reproductive care and affirms the rights of pregnant women to continue or terminate a pregnancy 529 530 On April 14 House Bill 3 is passed in Kentucky 531 it banned all abortions in the state after 15 weeks post conception and introduced a number of regulations and restrictions including a prohibition on mailing abortion pills new systems to certify monitor and publicly name physicians who conduct abortion procedures dignified care for the terminated remains of pregnancy loss and mandatory disclosure of patient information 532 As the infrastructure was not in place for these new requirements the two abortion clinics operating in Kentucky shut down making abortion de facto illegal in the state In response abortion rights activists sued the state to challenge the law with Planned Parenthood and the ACLU stating that the law unconstitutionally bans abortion by introducing requirements that can t be followed or are too arduous to comply with and that it violates patient privacy protections The law is blocked in federal court later in 2022 533 534 Oklahoma s abortion ban takes effect on May 25 when Stitt signed HB 4327 into law and abortion providers ceased offering services in Oklahoma as of that date 535 536 HB 4327 is modeled after the Texas Heartbeat Act and is enforced solely through civil lawsuits brought by private citizens making it difficult for abortion providers to challenge the constitutionality of the statute in court 537 538 The state became the first to ban abortion from the moment of fertilization since Roe v Wade 539 The United States Court of Appeals for the Fourth Circuit rules against the Charter Day School in North Carolina which required girls to wear skirts due to the idea that girls are fragile vessels deserving gentle treatment from boys The court ruled the requirement was unconstitutional 540 A law is signed requiring the Department of Education to supply free menstrual products to all students on all public school campuses in Hawaii 541 On June 17 the Iowa Supreme Court ruled that the state constitution does not protect the right to an abortion 542 Justice Edward Mansfield wrote in the majority that a ll we hold today is that the Iowa Constitution is not the source of a fundamental right to an abortion necessitating a strict scrutiny standard of review for regulations affecting that right 542 The court s decision is a reversal of its 2018 ruling where it found that the constitution protects the right to an abortion 542 Dobbs v Jackson Women s Health Organization is a decision by the Supreme Court in which it determined that the Constitution of the United States does not confer any right to abortion overruling both Roe v Wade and Planned Parenthood v Casey 543 544 Kentucky On June 24 the 2019 trigger law took effect after the ruling for Dobbs v Jackson Women s Health Organization was delivered It made all abortions illegal except when medically mandatory to prevent the patient from dying or getting a life sustaining organ permanently impaired Both clinics in the state temporarily stopped providing abortions 545 546 Utah According to HB136 which is effective Utah state law from June 28 abortions are banned following 18 weeks of gestation 547 Kentucky On June 30 Jefferson County circuit judge Mitch Perry issues a temporary restraining order blocking the enforcement of Kentucky s abortion banning trigger law pending further hearings to determine if the ban violates the Kentucky Constitution This order temporarily allows both of Kentucky s elective abortion providers which are both located in Louisville to temporarily resume elective abortions 548 Biden signs Executive Order 14076 which directs the Department of Health and Human Services to expand access to contraceptives requests the Federal Trade Commission protect patients reproductive health privacy and directs the Department of Justice to organize a group of pro bono lawyers to defend women charged with having an abortion 549 550 The Biden administration issues guidance stating that due to federal law pharmacies are not allowed to turn away people who have a prescription for a drug that might end a pregnancy 551 A legislative committee passes a proposed law to the House floor in Louisiana that would have potentially criminalized abortion seekers as well as abortion providers which was met with vehement opposition by both pro and anti abortion advocates and ultimately amended by the full House to remove criminal sanctions for abortion seekers passed into law and signed by Governor John Bel Edwards 552 The Abortion Care Access Act is enacted in Maryland it allows a broader range of healthcare workers nurse practitioners nurse midwives and physician assistants to perform abortions and allocates 3 5 million to a new program within the Maryland Department of Health to train healthcare workers It also requires the majority of health insurance plans including private health insurance plans to cover abortions cost free 553 Missouri On June 24 following the Supreme Court s ruling in Dobbs v Jackson Women s Health Organization Missouri attorney general Eric Schmitt signs a proclamation bringing into effect the state s trigger law banning all non medically necessary abortions 554 Mississippi A law outlawing abortion in Mississippi took effect on July 7 after Mississippi State attorney general Lynn Fitch certified the June 24 Supreme Court decision on Dobbs v Jackson Women s Health Organization 555 Tennessee Due to the trigger law prohibiting abortion from the point of fertilization which was adopted on April 22 2019 abortion became illegal from the point of conception on July 25 2022 556 Wyoming s legislature passes HB92 in the 2022 legislative session a trigger law meant to ban abortion soon after the overturn of Roe v Wade except for cases of rape incest reported to law enforcement and serious risk of death or substantial and irreversible physical impairments for the pregnant woman 557 It was blocked by Ninth District Court Judge Melissa Owens the day it took effect July 27 558 559 Abortion in North Dakota has become mostly illegal since July 28 2022 560 561 when the state s trigger law following the Supreme Court ruling to overturn Roe v Wade went into effect 562 The trigger law bans all abortions except to save the life of the mother or in the case of rape or incest and is reported to law enforcement 563 In Hobbs New Mexico a local ordinance is passed in November to prevent abortion clinics from operating 564 Nantucket Massachusetts legally allows for women to be topless at beaches previously women could be fined 300 and receive a penalty of up to three years in prison if they did so 565 In December the Violence Against Women Act is amended to include Native Hawaiian survivors of gender based violence and Native Hawaiian organizations in Violence Against Women Act grant funding 566 2023On January 1 a law goes into effect in Rhode Island mandating equal pay for comparable work defined as work requiring substantially similar skill effort and responsibility and performed under similar working conditions regardless of gender race sexual orientation religion nationality age or disability 567 See alsoLegal rights of women in history Timeline of reproductive rights legislation Sterilization law in the United States Timeline of women s legal rights other than voting Notes Closely held corporations are defined by the Internal Revenue Service as those which a have more than 50 of the value of their outstanding stock owned directly or indirectly by 5 or fewer individuals at any time during the last half of the tax year and b are not personal service corporations By this definition approximately 90 of U S corporations are closely held and approximately 52 of the U S workforce is employed by closely held corporations See Blake 2014 Washington Post References The Massachusetts Body of Liberties 1641 at Hanover Historical Texts Project Taunya Lovell Banks Dangerous Woman Elizabeth Key s Freedom Suit Subjecthood and Racialized Identity in Seventeenth Century Colonial Virginia 41 Akron Law Review 799 2008 Digital Commons Law University of Maryland Law School accessed 21 April 2009 Laura Buzzard Don LePan Nora Ruddock Alexandria Stuart 29 August 2016 The Broadview Anthology of Expository Prose Third Edition Broadview Press pp 811 ISBN 978 1 55481 333 9 a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg bh bi bj bk bl bm bn bo bp bq br bs bt bu bv bw bx by bz ca cb B Zorina Khan November 20 2013 The Democratization of Invention Patents and Copyrights in American Economic Development 1790 1920 Cambridge University Press ISBN 978 0521747202 Mohr James C 1978 Abortion in America The Origins and Evolution of National Policy 1800 1900 New York Oxford University Press US ISBN 978 0 19 502616 0 a b Dampier Cindy 2019 05 29 Abortion in Illinois From 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