Gender and Our Judicial System Essay

2349 Words 10 Pages
The ambiguous language and aim of the constitution has allowed for numerous interpretations of the law. There have been several instances, where our limited perception and interpretation of the constitution has warranted change due to cases that do not fit the ruling party’s ideology of equality. In those cases, we amended our constitution and included clear diction to award rights to those subjected to subordination, so in going forward a clear distinction would not allow room for interpretations that perpetuated further discrimination.
Over the course of history, we have followed this path to incorporate our societies changing paradigm that was dissimilar to our founding fathers’. Interestingly so, the rights they deemed as inalienable
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No state shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United State; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (U.S. Const. amend. XIV, § 1).
The Equal Protection Clause (EPC), ratified in 1868 and then added to the 14th amendment, is an assumptive all-inclusive key that offers protection against sex based discrimination. Although a warranted assumption, it is incorrect. Firstly, In The Readers Companion to Woman’s History (Mankiller, Mink, Navarro, Smith, & Steinam, 1999) we discover that “the court has never read the 14th amendment to forbid all sex-based classifications” (p. 326). This elusive detail demonstrates the precarious standing of equality held within the 14th amendment. Additionally, it demonstrates the amendments unconstrained interpretations of sex. Since no precedent has been set against sex-based classification, there is no guarantee that sex discrimination is invalid in all conditions. In view of this major technicality, it is problematic to ensure that women, who suffer from the same bias and stereotypes yet hold dissimilar positions, will receive judicial equality and rectification within our judicial system.
This leads me to a practical example of this inequality, found