Although women’s rights continued to make progress in the 1980s, feminist jurisprudence was dealt a serious blow when the Equal Rights Amendment (ERA) was defeated in 1982. Close to ratification, the ERA was successfully opposed by the right on the grounds that its passing would undermine America’s family values and the role of women in its society.

Equal Protection Clause

The Equal Protection Clause of the Fourteenth Amendment provided some relief for women by shifting American constitutionalism from the State only protecting its people against federal invasion of individual rights to equal protection under State law. Many of these rights were upheld by the more conservative Supreme Court in the 1980s.

Supreme Court Rulings

The Supreme Court has established survivors’ benefits and pensions using the right of equality in laws. It also upheld laws that established different consent ages for males and females regarding a statutory rape law in 1981. The Military Selective Service Act passed in 1980 only required men to register in 1981. Eventually the Virginia Military Institute (VMI), previously a male military college which is publicly funded, was required to admit women because the all-male policy was not in accordance with the Equal Protection Clause of the Fourteenth Amendment.

Reproductive Rights

The Roe decision allowed women the right to continue or terminate a pregnancy up to the point of viability but in the 1980s, the conservative Supreme Court upheld state laws restricting this right. State facilities could not be used to perform abortions and viability tests of fetuses at or beyond twenty weeks’ gestation were required. In addition, state employees could not take part in the surgical procedure of an abortion. They also could not influence a woman’s decision to have an abortion.

Domestic Violence

A wife could now file a marital rape charge against her husband and a spouse could obtain an order of protection preventing the aggressor from contacting her.

Conclusion

The 1980’s saw a slowing of the strides made for women’s rights with the defeat of the Equal Rights Amendment. The Equal Protection Clause helped to soften the blow and allow some progress. The nineties and the early twenty-first century in America saw another shift by the Supreme Court to regard the vindication of its victims as the responsibility of state government. The third wave of feminism broadened its scope rather than continue to emphasize feminist jurisprudence.

Reference

“Women’s Rights.” Accessed 4 February 2011< http://legal-dictionary.thefreedictionary.com/Women’s+Rights>.