One difference between the two time periods is that the ERA never received Congressional attention in the 1920's. In order to address this failure, however, it is important to first make a distinction between the two opposing views among feminists that emerged after the right to vote was obtained. Supporters of Suffrage knew what the right to vote meant, but supporters of the ERA could not agree as to what equal rights meant. "Unlike the vote, which was a well-defined, single political act, equality was a much more ambiguous concept" Two separate equal rights belief systems established themselves. One, consisting of liberal feminists, deemed the 'legal equality doctrine' as the best possible answer to securing equal rights for women. They wanted gender-neutral laws and policies to ensure their rights. The other group, social reform feminists, followed a 'fairness doctrine' where women should receive special treatment and that laws should consider the unique burdens of family and childbirth that women bore. Public - the wages, this was the male's sphere.
Domestic violence falls under private and used to not fall under the government scope. If everything worked the way it was supposed to, then there wouldn't be any need to have public policy in the home because that is considered private.
Marriage is privately negotiated.
Parent and children all considered to be private.
Two spheres of workers:
Men's sphere as worker usually falls under the public realm, outside work for wages. Financial is supposed to be the sphere for men.
Women is ideally in the private realm, family and the home. Conflict arises when women leave the private into the public sphere. Pregnancy, childbirth, child care, after school, pre-school, full time care for younger children, educational, sick child or elder care issues have almost always fallen to women. Emotional support is supposed to be for females.
Now women are blurring the lines of the spheres.
Women feel like they have two jobs. United States are behind a lot of European countries because they believe it is a private sphere problem. Very little regulation for subjects like maternal leave, child care, etc.
Feminist debate for working mothers is very ambivalent. When we talk about lack of child care, has an impact on women. Lack of policies for after school care, has a lot of problems on women. Jobs without flex times affects women because it hinders women from working up in the ladder unlike men.
Feminist legislatures tried to either have motherhood eliminated or force them further into motherhood.
Fairness of testing is important in our culturally diverse world. For that reason, when interpreting results the culture of the individual has to be taken into account (MacKinnon, 2004; PSYCH 312 Lecture 2d). The appropriateness of the test should address race, religion, language, gender, or age. The test should not be disadvantageous or create any bias based on any cultural distinctions. Fair tests include items that are believed to be familiar to children from all socioeconomic and ethnic backgrounds, or items that are at least familiar to the children taking the tests (Stantock, Woloshyn, & Gallagher, 2007). Was designed to protect EVERYONE. Working conditions, wages, all workers. 1880's looking at infant mortality rates in the US. Empirical links between working conditions and mortality rates. Instituted rules that only were held for women.
Two main categories:
Prohibited women from being in certain occupations:
Anything physically and morally dangerous. Mining, bartending.
Attorneys, wrestlers. Like in OH traffic or railroad crossing watchmen. Elevator operator, driver license, driver for deliveries, metal molder, bell hop, electric or gas reader, etc.
Second. Working conditions:
How many hours a woman could work. Rest periods, lunch breaks, overtime pay, how much weight they could lift, couldn't work overnight. 41 states had some sort of protective leg until 1908.
Some cultures require proof of a bride's virginity prior to her marriage. This has traditionally been tested by the presence of an intact hymen, which was verified by either a physical examination (usually by a physician, who would provide a certificate of virginity) or by a "proof of blood", which refers to vaginal bleeding that results from the tearing of the hymen. The physical examination would normally be undertaken before the marriage ceremony, while the "proof by blood" involves an inspection for signs of bleeding as part of the consummation of marriage, after the ceremony.
Requiring a female to undergo a virginity test is widely seen as harmful, especially when it is performed on behalf of a government. The practice is seen as sexist, perpetuating the notion that sexual intercourse outside of marriage is acceptable for men, but not for women, and suggesting that women's sexual activity should be subject to public knowledge and criticism, while men's should not.
The concept of feminist masculinity is used to recognize the aspects of masculinity exhibited by men past and present which cohere with a feminist vision of social being. Implicit in this recognition is the position that men and masculinity are categories which remain politically and socially powerful. Hooks calls for a critical reclamation of masculinity and its liberation from the patriarchal definition. In hooks's view, the identification of masculinity and maleness with domination is a misguided reaction to patriarchal masculinity which fails to "separate maleness and manhood from all the identifying traits patriarchy has imposed on the self that has a penis." The problem with men is not their maleness or masculinity, hooks writes that visionary feminism must "restore maleness and masculinity as an ethical biological category divorced from the dominator model"
Feminist masculinity rejects patriarchal masculinity and its identification of maleness with supremacy and domination. Rather, feminist masculinity de‐fines "maleness as a state of being rather than as performance. Male being, maleness, masculinity must stand for the essential core goodness of the self, of the human body that has a penis" hooks further contends that we should replace the assumption that males are born inherently aggressive with the assumption that they "are born with the inherent will to connect" Men do not need to forsake maleness. Rather, men need to engage in an active transformation through resistance to the patriarchal, socially constructed identity of masculinity, and the creative formation of a masculine identity which is based on love rather than domination. Such a feminist masculine identity would be based on a partnership model of being that "sees interbeing and interdependency as the organic relationship of all living beings. In the partership model selfhood, whether one is female or male, is always at the core of one's identity."
Divided pregnancy into two phases:
Before you can feel the fetus moving. Which is averagely 16 weeks. Abortion was legal by common law pre-quickening.
Illegal after this post. Common law ignored usually.
Impossible necessarily to tell when there is movement during these times. Considered inevitable because there was no contraception. Largely ignored by politicians and doctors.
Then it became politicized by tying abortion to morality, saying that it was what it was wrong with America. Became a problem mostly when the affluent were having abortions.
States began criminalizing abortion as early as 1820, but was not majorly until after the Civil War.
1859, AMA said that the fetus was a living being and pledged to make laws to stop the "unwarranted destruction of human life". Most laws still had exceptions, "therapeutic reasons" such as saving the life of the woman. Sometimes there were broader reasons, but only for affluent women.
In colonial times, women could decide for herself of when or if she wanted an abortion. Then it shifted to male dominance of the situation and it became criminalized and they decided when it was therapeutic or not. The first reason of shift: concerted effort of the AMA in this area of health. Second reason: abortions were very dangerous and were done by many incompetent people.
Pushed abortion underground for eighty years. Early on feminists saw abortion as victimizing women. Women were still having abortions and caused even more danger and less safety.
Started becoming more talked about in the 50's because of lawyers and doctors. Lawyers wanted the laws changed because they knew that the laws were being ignored. Doctors wanted the law changed so that they could have more control. Most people in the public didn't really care all that much. Public attention came heightened in the instances of fetal deformity that were happening because of drugs that were ingested during pregnancy.
Late 1960's, some states had lifted restrictions over abortion. Feminists of all kinds came together to fight for reproductive rights and the control of bodies. Some laws passed, but mostly laws involving the submission of women to men. Some women had to go through really humiliating ways to prove being raped.
Repeal of abortion laws
Radical feminists wanted anytime in the pregnancy abortions. Started lobbying state legislatures to appeal laws. Provoked confrontations with law by funding abortion clinics that were against the state laws.To get legal standing they would open the illegal clinics, get arrested, then appeal.
1970's - lifting the ban of abortions
New York first state to appeal in 1970. AMA, lawyers, doctors on the side of reproduction choices, see above. All testified in the courts. As did Catholics, and religious conservatives.