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Susan Deller Ross - The Rights of women: the basic ACLU guide to womens rights

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Throughout much of American history, discrimination against women has been rooted in the legal system. When Elizabeth Cady Stanton and Lucretia Mott called the first womens rights convention at Seneca Falls, New York, in 1848, one of their major concerns was a legal system that profoundly discriminated against women. It deprived all women of the right to vote and also prohibited women from engaging in many occupations and professions, including the practice of law. The legal system was particularly hard on the married women, depriving them of all rightsin effect rendering them civilly dead. The system is hardly perfect now, but women have fought and won major legal battles that provide significantly more protection under the law.Using a question-and-answer format, this ACLU handbook explains in detail how women can use the laws currently on the books in their continuing struggle to gain real equality in the family, marketplace, workplace, and academia.Topics covered include employment, education, parenting, family law, and reproductive freedom. This handbook also examines criminal proceedings, insurance, the military, credit, and the rights of homeless women.

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Susan Deller Ross is professor of law at the University of Georgetown Law Center. She is a board member and director of the Women's Law and Public Policy Fellowship Program at the Law Center, as well as director of the Center's Sex Discrimination Clinic. Her publications include a law school casebook on sex discrimination, several articles on women's legal rights, and judicial training materials on child custody and visitation, and spousal support for the Women Judges Fund for Justice. Her litigation on behalf of women includes cases concerning wages, pension plans, pregnancy, sexual harassment, vocational training, and domestic violence. In the fall of 1991, she helped represent Professor Anita Hill in her testimony before the Senate Judiciary Committee concerning the Clarence Thomas nomination to the Supreme Court.
Isabelle Katz Pinzler has been director of the ACLU Women's Rights Project since 1978. She has done extensive litigation in the areas of civil rights, constitutional law, and employment law, including, in particular, the areas of women in the military and bias in standardized testing. Most recently, she successfully litigated the first case involving gender discrimination in standardized testing and the first successful discrimination challenge to the SAT, Sharif v. N.Y.S. Education Department (New York, 1989). Before joining the ACLU, she served as deputy director of the National Employment Law Project and as a staff attorney with the Law Reform Unit of the Legal Aid Society of Cleveland.
Deborah A. Ellis is legal director of the NOW Legal Defense and Education Fund. In 1992, she argued before the U.S. Supreme Court in a case challenging Operation Rescue blockades. Formerly the legal director of the ACLU of New Jersey and a staff attorney at the ACLU Women's Rights Project, she has taught women and the law courses as an adjunct professor at Yale College, Rutgers School of Law, and New York University School of Law. She is a cum laude graduate of Yale College and New York University School of Law and served as a law clerk to Federal Judge Frank M. Johnson, Jr.
Kary L. Moss was a staff attorney with the Women's Rights Project from 1988 to 1992. Before joining the ACLU, she served as a law clerk in the United States Court of Appeals for the Second Circuit. She has published extensively about governmental efforts to punish women for their prenatal behavior and about accessing health care for low-income women.

Also in this series
THE RIGHTS OF ALIENS AND REFUGEES
THE RIGHTS OF AUTHORS, ARTISTS, AND OTHER CREATIVE PEOPLE
THE RIGHTS OF CRIME VICTIMS
THE RIGHTS OF EMPLOYEES
THE RIGHTS OF INDIANS AND TRIBES
THE RIGHTS OF LESBIANS AND GAY MEN
THE RIGHTS OF OLDER PERSONS
THE RIGHTS OF PATIENTS
THE RIGHTS OF PRISONERS
THE RIGHTS OF SINGLE PEOPLE
THE RIGHTS OF STUDENTS
THE RIGHTS OF TEACHERS
THE RIGHTS OF YOUNG PEOPLE
THE RIGHT TO PROTEST
YOUR RIGHT TO GOVERNMENT INFORMATION
YOUR RIGHT TO PRIVACY
AN AMERICAN CIVIL LIBERTIES UNION HANDBOOK
The Rights Of Women
The Basic Aclu Guide To Women's Rights
THIRD EDITION
Completely Revised and Up-to-Date
Susan Deller Ross
Isabelle Katz Pinzler
Deborah A. Ellis
Kary L. Moss
General Editor of the Handbook Series
Norman Dorsen, President, ACLU 19761991
SOUTHERN ILLINOIS UNIVERSITY PRESS
CARBONDALE AND EDWARDSVILLE
Copyright 1993 by the American Civil Liberties Union
All rights reserved
Printed in the United States of America
Edited by Sally Master
Production supervised by Natalia Nadraga
96 95 94 93 4 3 2 1
Library of Congress Cataloging-in-Publication Data
The Rights of women: the basic ACLU guide to women's rights / Susan
Deller Ross [et al.]. 3rd ed., completely rev. and up-to
date.
p. cm. (An American Civil Liberties Union handbook)
Previous ed. (1983) entered under Ross, Susan Deller.
Includes bibliographical references.
1. WomenLegal status, laws, etc.United States. I. Deller
Ross, Susan. II. American Civil Liberties Union. III. Series.
KF478.Z9R67 1993
346.7301'34dc20
[347.306134]
ISBN 0-8093-1898-9
ISBN 0-8093-1633-1 (pbk.)

92-34244
CIP

The paper used in this publication meets the minimum requirements of
American National Standard for Information SciencesPermanence of
Paper for Printed Library Materials, ANSI Z39.48-1984.
This book is dedicated to
Steve, Jim, Andy, and Doug
with grateful appreciation
for all their support
Contents
Preface
ix
Acknowledgments
xi
Introduction
xiii
I. Constitutional Rights: The Concept of Equal Protection, State Equal Rights Provisions, and the Equal Rights Amendment
1
II. Employment Discrimination
18
III. Parenting and Work
93
IV. Family Law
115
V. Reproductive Freedom
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