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Ellen Chesler

Ellen Chesler

Posted: March 21, 2011 05:53 PM

How Women Became Citizens (Hint: It Didn't Happen Overnight!)


Remembering Women's History Month and the Triangle Shirtwaist Fire, New Deal 2.0 tells the surprising story of how women became citizens. As author and Roosevelt Institute Senior Fellow Ellen Chesler reveals, the long journey is far from over.

It's hard to fathom today, but for most of human history, and even into our own time, it was simply assumed that women had no need to acquire identities or rights of our own -- except, of course, those enjoyed by virtue of our relationships with men.

This principle was central to defining American women's claims on citizenship at the country's founding. And it stuck around at the heart of the long and fierce opposition women encountered in seeking rights to inheritance and property, to suffrage, and most especially, to control over our own bodies through legal access to birth control and abortion -- a right now ever precarious. Even violence against women was for many years condoned under the principle of male "coverture" that defined women's legal identities. If you can believe it, the U.S. Supreme Court in 1910 denied damages to a wife injured by violent beatings on the grounds that to do so would undermine "the peace of the household."

To be sure, there were challenges to this prevailing point of view. Mary Wollstonecraft's visionary 1792 tract, A Vindication of the Rights of Women, claimed on behalf of women the natural rights theories of the French Enlightenment that upheld the sovereignty of the individual. And in 1848, Elizabeth Cady Stanton enumerated a long list of injuries against women at Seneca Falls and launched a suffrage campaign that she did not live to see through to its agonized victory an astonishing 72 years later! Hats off as well to the one really good guy of this era who spoke up for women -- the venerable John Stuart Mill, whose 1869 Essay on the Subjection of Women asked for the first time whether home and family are women's only natural vocations, or whether in a world where formal employment was moving outside the home, wives must necessarily follow.

Still, deeply entrenched assumptions about gender roles were hard to overcome. Even when women finally won the vote in 1920, one of the most powerful arguments propelling them to victory was the claim that modern government, in assuming obligation for the education and socialization of children and for the general social welfare, had taken on traditional responsibilities of the household. For many Americans this became the compelling rationale for why women finally needed a voice in their own right.

That same year Margaret Sanger helped inaugurate a modern human rights conversation that moved beyond traditional civil and political claims of liberty on behalf of women to establish reproductive and sexual rights -- realizing her claim that no woman can call herself free until she can decide whether and when she chooses to be a mother. Yet in order to gain widespread support for her cause, even a firebrand like Sanger wound up abandoning polarizing rhetoric about birth control in favor of a more sanitized, public relations-savvy sales pitch that put families ahead of women under the banner of Planned Parenthood, the organization that remains her global legacy. Nor can we forget that as Sanger lay dying in 1965, the Supreme Court argument that at long last provided constitutional protection to the use of contraception (and later abortion in 1973) focused on the protection of marital privacy. Scarcely a word was mentioned about women's equal rights.

So, too, when Progressive-era reformers first sought to protect women workers, they argued that women had responsibilities to households and families and therefore needed a cap on their hours and a floor on their wages. With the best of intentions, the protectionist measures formulated under Muller v. Oregon essentially condoned sex discrimination in employment as the law of the land until the 1970s and 1980s, when Ruth Ginsburg and other then-young women's rights lawyers cobbled together equal protection doctrines and opportunities for women ingeniously derived from Title VII of the 1964 Civil Rights Act.

We need to remember these developments. Public policy, we know, is largely path dependent. How we think and act today is often determined by a past we don't fully understand. This is particularly true for women who have for so long been denied fair recognition as historical actors. History is to the body politic as memory is to the individual, as veteran historian Arthur Schlesinger, Jr. once observed. We need to keep our engagement with history lively, as we are bound to lose our way without it.

We need history to help us navigate our own troubled times. We especially need it now as we try to unravel the remnants of "coverture" that still constrain women's civil status and as we do so in the face of an intensifying backlash against women's equality.

The litany of injustices women still face in this country is by now familiar. On the one hand, nearly half of all American workers today are women, and more than a third of them are single heads of household. Their low earnings depress wages overall. On the other hand, in two-income households (though sadly a declining percentage of the total) female earnings are beginning to reach parity with men. In 1980, two thirds of families depended on only a male breadwinner and less than a third of married women with children worked. Today that number is exactly reversed. Yet the myth of traditional domestic arrangements as a norm still persists in our public policies.

Almost alone among Western democracies, the US provides little or no subsidized childcare and few maternity benefits to women. There is no federal legislation beyond a hard-won mandate for unpaid pregnancy and medical leave, which covers only workers in large organizations. Only a handful of states require paid family leave or flexible hours to cover personal obligations. School hours and educational calendars pay little attention to the absence of parents in most homes. Tax policy, wage scales, Social Security benefits, and health insurance formulas all still discriminate in multiple and often devious ways against working women.

To add insult to injury, the impulse to push women out of public roles and back to the private sphere now informs the radical misogyny at the core of the social policy agenda of one of the country's two established political parties. However veiled by claims of fiscal responsibility, the reactionary goals of Republicans now serving in the U.S. Congress are transparently clear.

American women are better educated than ever before. Fewer marry, and those who do wait until they are much older than in generations past. The average size of families has decreased markedly. Labor force participation, as well as civic and political involvement by women, is up despite the many obstacles we still face in balancing obligations at home and at work. Women are driving small business formation and economic growth in this country. They are voting in greater numbers than men and often far more progressively, with significant gender gaps recorded in all but two elections since the 1980s (when anxieties about terrorism in 2002 and about unemployment in 2010 narrowed the divide).

What women in polling and focus groups continually say is that we need more of a helping hand from government -- measures to enforce equal pay, improved benefits for education and health care, and more spending on the social sector. Instead, under the cover of scare tactics about fiscal doom, we get calls to end affirmative action policies and crush the public sector unions that provide secure jobs in traditional roles like nursing and teaching, and in non-traditional, better paying sectors as well. Women say we need more and better reproductive and maternal heath care. What we get instead are bills to eliminate birth control subsidies for the poor, defund Planned Parenthood, recriminalize abortion, and convey rights to fetuses that are then denied to children once they are born.

True enough, the GOP is not telling American women we should no longer vote, or go to college, or own property, or hold a job. But the Republican platform quite clearly opposes the core public policies and legal remedies that have secured us these rights through two centuries of struggle. If given their way, the forces of reaction in our country today would restore a patriarchal order that has taken 200 years to overturn.

The message is clear. The stakes are high. Women's basic claims as citizens in our own right are again at risk. Either we speak up more passionately and reclaim our own historical agency by overturning these injustices, or we condemn our daughters to refight the very battles we once had every reason to think we had won.

This originally appeared on New Deal 2.0.

 
 
 
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HUFFPOST SUPER USER
Jene88
10:09 PM on 03/23/2011
As for female candidates, I vote for the candidate I think is best, not because of some image of a male you seem to think I possess. Palin isn't my candidate for a number of reasons.

I prefer to discuss the issue of men dying in greater numbers than women. For one thing, men are physiologically weaker than women. That is a fact, plain and simple. They also do more foolish things than women, like climb a dangerous mountain in the middle of winter, go boating when a storm has been predicted, take shortcuts to a destination when starting their trip in the evening at the start of a blizzard...need I go on? Men take ridiculous risks to prove...manliness. Oh, I must not forget that war seems to be very much a male issue. Men are territorial and seem to always need or want more territory. The god of the First Testament, a male invention as far as I can see, is quite territorial, tribal, and quite vicious. He embodies all the attributes of the needy male...needy for power, and material goods, and subjegation of his betters . Sound a bit like a lot of men we know?
04:43 AM on 04/02/2011
A woman calling a man needy ???? If you've ever worked in an office you'll see how " unterrirtorail" woman are .....please look harder when you observe people ok . otherwise .. .WISE UP !!!
Women don't do foolish things to prove themselves ? Getting every cosmetic procedure on earth to satisfy their vanity isn't foolish . Oh wait it can't be her vanity it has to be social pressure when it's a woman !!!! Those men who took " foolish" risks also discovered countries , built a legacy , put their safety aside for other people , invented devices that save lives...
Men start wars.... wow you're so intelligent. Many matriarchs have started wars , but guess who was called upon to take them down.??? Believe me if there is ever a female dictator , ( which there will never be because not too many women are charimatic in politics ***PALIN****) there would be an army of mostly men would be assigned to take her down.
Physiologically weaker? WE break down crying after every horrible moment in our lives ? WOMEN are forced to be the strong one and defend without complaining ?
You feminists are unreal . It's posts like Jene88's that people don't bother with your movement , or sometimes your gender!!!
09:55 PM on 03/23/2011
Sorry, Union rules monitors check out at 5:00PM
HUFFPOST SUPER USER
xtisrisen
04:23 PM on 03/23/2011
CB 750 writes, "American women are NOT muslim women. Sorry but that is an insult to muslim women. You are NOT being buried alive, set on fire, being mutilated with a knife, honor killed, acid thrown in your face or forced to wear a bag over your head"

Sorry, CB, but many American citizens, men and women, are Muslim.
Many Muslims, women and men, are American citizens.

Additionally, many Muslims in many nations, from Indonesia to Spain to South Africa live very well without bags over the head or acid throwing. Islam (and I am NOT Muslim) is a diverse religion practiced among many who live in a myriad of cultures. Islam is NOT defined by its most fundamentalist and narrowest of interpreters, any more than Christianity is to be defined by the IRA or Judaism is defined by the Orthodox zealots who stone women in Jerusalem on the Sabbath because they don't approve of those women's clothing. You are perpetrating divisive disinformation: not a help to mutual understanding and mutual care and compassion at all, let alone helping toward being good neighbors.
02:10 PM on 03/23/2011
Look ladies, you have won. You now are known to be just as smart & accomplished as males. In todays service society the male strength is no longer rewarded so the ladies accouterments are more in demand. The business world know this and aptness is more appreciated than gender, Thus we find that gender does not beget much & we see that with new faces in the kitchen, laundry, children care.etc. More ladies are in college than men... and soon medicine & law might be the realm of a new gender. Ladies enjoy this new awaking & give it a little time to adjust. Your time has come. You earned it ... now improve without being the proverbial bull in a china shop
HUFFPOST SUPER USER
lambdin1
What's this?
01:11 PM on 03/23/2011
Most people forget history. It is not convenient to remember the past history. Man has long believed in his superiority over all, including gender. Despite all that has occurred in the past, men still believe in their superiority. Unbelievable!
HUFFPOST SUPER USER
missyme
Just me
11:47 AM on 03/23/2011
All this talk makes me mad. Partly because I know the history is true, partly because I see them coming after us to strip us of our rights. My heart bleeds every time I hear talks about stripping people of their rights. Being a progressive woman from a family of progressives, including my grandparents (both) who never accepted the idea of women being less than men, who believed in education for all and equal pay for all, I will vote every time to get these clowns out of office. This, I owe to my grandparents, my family and my children and future generations after me .
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HUFFPOST SUPER USER
Sam1jere
Open-minded, sports lover, Red
11:41 AM on 03/23/2011
The majority of the global burden of maternal deaths occurs in the developing world. In fact, 66% occur in just 11 countries...The US was ranked in 41st place (but now 50th as per the latest UN data)...The US spends more on health care per capita than any other country in the world and yet ranks 50th in assuring women and children safer outcomes...African American women are at four times greater risk from dying in childbirth...Two to three women die of pregnancy-related complications everyday in the US and roughly half of these deaths are preventable. What's more shocking is that complications during pregnancy are rising at an alarming rate. Over 34,000 women nearly die in childbirth each year in the US (Huffington Post, http://huff.to/e1ZlA0)

It is perhaps instructive to dig into the Civil Rights era and ask hard questions such as what nationhood can exist for a select group of citizens, while others are treated like non-living things. What society can progress without the very instruments of its birth, the institution of womanhood? Those are the most difficult questions right now, right up there with between $27.9-29.9 m expended everytime an F5 fighter jet crashes.

Wherein lie the nation’s priorities in development? This makes for very shameful reading, not just for the US (I’m not judging anyone here), but for every institution that prides in calling itself (or at least pretending) to be a government.
11:07 AM on 03/23/2011
This is another article that cherry picks facts and uses emotional rhetoric to support an agenda. Women have equality to men in the US. The author doesn't want equality, she wants favored status. By her own admission men and women have reached parity on wages in two family households. The reason why they have not in single family households is very obvious, the woman typically has the children and as such is subject to the restraints that come with that responsibility and benefit. The author talks about the need for additional government help for women because of the lower financial status many of them have. How about we don't default to giving the women custody of the children in a divorce? That way it would be equal and those women who wanted to pursue higher earning work could while their ex-husbands worked the more menial job and got the child support check every week. This of course is not what the author wants. She wants the favored status of getting the children in a divorce, along with preferred tax status and exemptions. She will of course favor the auto and life insurance disparity as it favors women, but cries foul when the cost of health insurance reflects the higher costs of a woman's medical care. Equality is funny concept to argue for or against. We espouse that we want it, but when the reality of it comes home, we want to be grandfathered in to our old preferred status.
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
02:48 AM on 03/24/2011
------------
, the woman typically has the children and as such is subject to the restraints that come with that responsibi­lity and benefit
-------------

Yes, in single parent situations the guys get free daycare and the women don't.

We know.

We are trying to change that. Free daycare for everyone.
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
02:49 AM on 03/24/2011
And kiddo ... pre-natal/labor medicine is not "women's care"..

It is "baby's care".

You were, I assume, a baby at one point. That care was FOR YOU.

Did you pop out of the womb with a wad of cash to pay for YOUR medical care?

No?

Then you can pay it forward in installments to the next generation and we'll call it even.
07:51 AM on 03/23/2011
Going through the posts.....nothing to make the sparks fly like women and men debating! ; )
07:09 AM on 03/23/2011
Listening to the radio some time ago, there was a report about a young pregnant woman who went to the doctor and upon mentioning her fears about having this baby the nurse and the doctor called the police and she was arrested for what they considered possibly endangering the baby. I was shocked and I thought "it's coming to this is it." I was born in the 60's and grew up in an artistic, liberal household. I took it for granted that women could do whatever they wanted to do and were equal to men in all ways. The 70's and 80's saw women growing in strength, power and status and our bodies were ours to control. I was very young but I understood the significance of Roe vs Wade. Maybe in some ways my generation and the next took it for granted. There was a vocal feminist movement after all and I thought "no man will ever have the right to dictate what I do with my body." Of course I know better now. And this article is fully correct. The stakes are so high! We have to be passionate about re-claiming our inalienable rights to our own bodies, our own choices and our hard won rights as women. Who would have believed that in 2011 we would be fighting this fight all over again!
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wittyprof
Out of the binder and into the Senate!
05:37 AM on 03/23/2011
It should be the "two really good guys of this era" -- add to John Stuart Mill Frederick Douglass who was the only man present at the Seneca Falls Declaration. It's important for us all to remember how abolition and women's suffrage worked together in our history.
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HUFFPOST SUPER USER
Linda from Pahrump
Moderation in ALL things
02:25 AM on 03/23/2011
I have come late to this blog (seems to be my fate, lately), and have read the blogs on this page. I have seen that there are still some out there, who think that women are "whining" about their lives, as if we should be content with it, as is now stands, and that all the things that the Republican/Religious right is trying to do, is of no consequence. They have no idea that their lives are better because women's lives are better.

Women ARE different than men, but that is just physical. They are smaller, and not as strong, but that does not make them weaker. It certainly does not make them less intelligent than men.

The argument that women earn less than men because they work less hours in a week (blamed on their children, of course) is a lot of nonsense. Single fathers also have to take that same time off!

When I was young, I worked for the phone company as an "O" operator. There was no direct dialing to New York, or Europe, then. But I wanted to work as a linesman. I was told, point-blank, that that was a man's job, and women just didn't climb those poles!

If we do not stand up to protect these hard earned, women will again be relegated to staying at home and wiping the @ss's and runny noses of little children, and cooking and cleaning, and living under the control of a theocratic Talipublican government.
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HUFFPOST SUPER USER
Linda from Pahrump
Moderation in ALL things
02:33 AM on 03/23/2011
Oops! - hard earned "rights" -
04:56 PM on 03/22/2011
"for most of human history, and even into our own time, it was simply assumed that women had no need to acquire identities or rights of our own -- except, of course, those enjoyed by virtue of our relationships with men."

Still assumed by most Republicans.
03:11 PM on 03/22/2011
American women are NOT muslim women. Sorry but that is an insult to muslim women. You are NOT being buried alive, set on fire, being mutilated with a knife, honor killed, acid thrown in your face or forced to wear a bag over your head.

You are the most privileged people on the planet with more insulation and protection than even white American men.

The reason you don't have the things you want is you keep voting men into patriarchy positions to insulate and protect you.

I am all for removing chivalry. We in the MRA movement want men to wake up and realize their male identity is NOT dependent on the approval of women... which is the basis of patriarchy. Patriarchy hurts men and benefits women so by all means, tear it down. We men will pursue our liberty and we will change, and women will NOT have a say in it.

Here's a message to men:

You're identity as a man is NOT dependent on the approval or acceptance of women.
This user has chosen to opt out of the Badges program
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livefortruth
There is only ONE truth.
05:23 PM on 03/22/2011
"The reason you don't have the things you want is you keep voting men into patriarchy positions to insulate and protect you."

Hear! Hear! We need to stop that. Mothers, educate your daughters....and your sons.
HUFFPOST SUPER USER
Rik Little
experienced American artist
03:44 PM on 03/24/2011
Women just got duped by the change in leadership at the National Organization For Women after 1979 who co-opted their 'equality and justice' movement into a man hating inequality injustice frenzy all about money, lying, domestic violence and more money taken from men. The ultra feminist government we have now is a disaster. The WORST result of the feminist movement is the mean girls and bullies they spawned in 'single mother lifestyle homes' that have destroyed the basic building block of our society. Stop being "victims" and start WINNING, Duh.
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QtheHero
The meaning of life is that there is no meaning
11:01 AM on 03/23/2011
Very well said, truly. Thanks for sharing.
02:07 PM on 03/22/2011
Get over it. The sixties are passe'.
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HUFFPOST SUPER USER
gevan
big dubya
09:01 PM on 03/22/2011
Hey wait a minute, I'm in my sixties....
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HUFFPOST SUPER USER
Linda from Pahrump
Moderation in ALL things
01:21 AM on 03/23/2011
Me too!