What is the state of women’s civil liberties in the U.S.?
Critical Analysis
Find answers to the following questions using the visual above, any links below, your big brain, and your knowledge of American government and politics:
Civil liberties levels are calculated by how free women are from forced labor, their property rights, access to the judicial system, and their freedom of movement. Based on the data from the visual above describe the level of civil liberties (rights) for American women up until about 1850.
Based on the data from the visual above in what decades did American women have the highest level of rights?
In 2022 women’s rights in America were very high and scored at 94% of a perfect score. Since 2022 women’s rights have fallen back to 89% - the lowest score since 1976. One reason for the fall in the level of women’s civil liberties is the ruling in Dobbs v. Jackson Women's Health Organization (2022) which eroded national protection of reproductive rights. Do you think women’s rights will continue on this downward trajectory?
When the framers wrote in the Declaration of independence that, “We hold these truths to be self-evident, that all men are created equal.” What did they mean and who was left out of the idea that “all men are created equal.”?
110 years ago, in 1915 American women lacked the following rights: vote, birth control, divorce, wear pants (Many states had laws on the books in the 1800s and even the early 1900s that said women could not dress like men, which basically meant they could not wear pants.), join the military, keep their maiden name, . Which of those rights would you least want to lose?
In 1920, The 19th Amendment to the U.S. Constitution gave American women the right to vote. “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” There are different legal methods, but basically, Amendments to the Constitution must be passed by 2/3 of Congress and 3/4 of states. Do you think the 19th Amendment would be passed today?
Throughout most of history, one of the many things women couldn’t do was own property. In fact, until 1848, if you were a married woman, anything you owned, regardless of how you came to own it, legally belonged to your husband. In 1848, the Married Women’s Property Act was passed in New York state, declaring that a married woman had just as much right to own and control property as a single woman did. It was groundbreaking legislation in that it became the model for similar laws in other states in the years that followed. Early in U.S. history, divorce was a tricky situation, especially if you happened to be a woman. Each state had different rules, and judges were allowed to exercise their discretion when it came to the final decision as to whether or not a divorce would be granted. For instance, each state had different rules about how many times a man could physically abuse his spouse before she was allowed to divorce him. And in some states, divorce wasn’t legal at all. Believe it or not, South Carolina didn’t legalize divorce until 1949! Why do you think women’s rights increased for most of the past century?
The Georgetown Institute for Women, Peace and Security (GIWPS) released new research ranking women’s rights and opportunities across 50 states and the District of Columbia. The first-ever U.S. Women, Peace and Security Index (U.S. WPS Index) reveals vast differences in the status of women across America – at the top of the list is Massachusetts, scoring almost four times better than Louisiana at last place. Why do you think Massachusetts and Louisiana have different levels of women’s rights?
The 14th Amendment guarantees all Americans equal protection under the law, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.” Based on the data above and below, your knowledge of American politics, and your own experience: is the 14th Amendment’s guarantee of equality a reality today in the U.S.?
Describe how Conservatives and Liberals would disagree about the role the government should take in making life more equal between men and women.
Write and Discuss
Take ten minutes to write about the question at the top of the page and then discuss with your classmates.
Act on your Learning
Find out how your state ranks. Contact your state's governor, congratulate them/embarrass them about their ranking, and offer them one suggestion about how to improve/maintain their ranking.
Get Creative
Interview a women about women’s rights in America. Just listen. Ask them how they feel about their rights. Share your interview with class.
Learning Extension*
Download The Georgetown index, the most comprehensive measurement of women’s rights and opportunities in America. Our research reveals vast differences across the country, with Massachusetts scoring almost four times better than Louisiana. There are clear regional patterns – as well as important variations within regions.
The higher the score, the better the state is for women.
