Gender and Our Judicial System Essay -- Law

The ambiguous language and aim of the constitution has allowed for numerous interpretations of the law. There have been several instances, where our limited perception and interpretation of the constitution has warranted change receivable to cases that do not fit the ruling partys ideology of equality. In those cases, we amended our constitution and included have diction to award rights to those defered to subordination, so in going forward a clear distinction would not allow room for interpretations that perpetuated further discrimination. Over the course of history, we have followed this path to incorporated our societies changing paradigm that was dissimilar to our founding fathers. Interestingly so, the rights they deemed as inalienable are the ones that have required a clear distinction in locate for them to apply to all. The Equal Rights Amendment (ERA) is a necessary requirement for women as well as others who are subject to sex-based discrimination. Although the rights o f women are somewhat protected by the constitution, without the clear diction of the ERA, those who face this type of discrimination, are left in a precarious position. The passage of the ERA would necessitate pragmatic consequences in judicial equality, bring out the pervasiveness of modern inequality, and enact change in societys paradigm of equality.The loose interpretation of the notion of gender in our judicial system is subject to filtration through outdated ideologies, stereotypes, and gender bias. As the law currently stands, the interpretation of cases that involve gender or sexual discrimination are filtered through positive acts or amendments that only partially protect. An example of this partial protection would be the 14th amendment. T... ...122). Macmillan General Reference.Sexism in language. (n.d.). Retrieved from http//www.upou.edu.ph/gender/gender_fair.Lithwick, D. (2011, June 20). Class dismissed. Retrieved from http//www.slate.com/articles/news_and_politics/ jurisprudence/2011/06/class_dismissed.htmlTerkel, A. (2011). Scalia Women dont have innate protection against discrimination. Huffington Post, Retrieved from http//www.huffingtonpost.com/2011/01/03/scalia-women-discrimination-constitution_n_803813.htmlCotter, D., Hermsen, J., Ovadia, S., & Vanneman, R. (2001). The glass ceiling effect. Informally published manuscript, University of North Carolina, North Carolina. Retrieved from http//www.bsos.umd.edu/socy/vanneman/papers/CotterHOV01.pdfWood, J. T. (2008). Gendered lives, communication, gender, and culture. (8th ed.). Wadsworth Pub Co.U.S. Const. amend. XIV, 1