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Part IV Rights, Ch.25 Gender, Sex, and the U.S. Constitution

Leslie F. Goldstein

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 August 2020

This chapter traces three gender-related constitutional revolutions: one—the doubling of the size of the electorate by adding women to it—by official consitutitional amendment, and two others via the unofficial “amending” of the U.S. Constitution by the path of Supreme Court decision-making (the first, constitutionalizing the right to obtain an abortion, and the second, constitutionalizing a rule that gender discrimination in statutes is generally frowned upon). These latter two judicial amendments occurred in the shadow of a near miss at official constitutional...
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