Women Harnessing the Law

Happy Women’s History Month! Throughout this country’s history, the law hasn’t been consistently fair across gender lines, classifying women as second-class citizens and making assumptions about people based on gender stereotypes. But throughout that same history, women have harnessed the law to right these wrongs, changing the national conversation around issues as varied as medical privacy, marriage, caring for family members, and sexual harassment.

Let’s meet some of these trailblazers now!

Estelle Griswold

Estelle Griswold, left, and Cornelia Jahncke, of Planned Parenthood League of Connecticut, celebrate their Supreme Court victory.

The birth control pill came onto the market in 1960, but in Connecticut, contraception was outright banned by a law that predated the birth of the Pill by more than 80 years, imposing fines and jail time on people using any type of contraceptive device. Additionally, anyone “aiding and abetting” would-be birth-control users — including doctors and pharmacists — could be punished.

In 1961, in an act of civil disobedience, Estelle Griswold, the executive director of the Planned Parenthood League of Connecticut, opened a birth control clinic — and was promptly arrested, prosecuted, and fined $100. Griswold immediately challenged the constitutionality of Connecticut’s anti-contraception law, but it was upheld in state courts. In 1965, however, the Supreme Court ruled that married couples had a constitutional right to make private decisions about contraception.

Griswold v. Connecticut was a landmark case in contraception access — but it was only a first step. In restricting its ruling to married couples, the Supreme Court perpetuated the idea that birth control was only appropriate within the confines of marriage. It wasn’t until 1972 that the Supreme Court ruled that unmarried people, too, had a right to birth control.

Mildred Loving

Richard and Mildred Loving

Bettmann/Corbis via New York Times

Richard Loving was white and Mildred Jeter was black. In 1958, the couple obtained a marriage certificate in Washington D.C., and were jailed for violating Virginia code 20-54, which prohibited marriages between “white and colored persons,” and code 20-58, which prohibited couples from marrying out of state and returning to Virginia to reside as husband and wife.

The Lovings pleaded guilty and were banished from the state, forcing the couple to leave their families and home behind. A series of court battles culminated in the Supreme Court’s unanimous 1967 decision that Virginia’s ban on interracial marriage violated the 14th Amendment’s Due Process Clause and Equal Protection Clause. Continue reading

The Roots of Resistance: The Social Justice Context of Sexual Harassment Law

wga_posterEarlier this year, Scandal star Kerry Washington brought sexual harassment into the spotlight with her portrayal of the embattled Anita Hill in HBO’s Confirmation. The movie dramatizes how Hill herself made sexual harassment a topic of high-profile, nationwide debate when she came forward to speak out against Clarence Thomas during his 1991 Supreme Court confirmation hearings.

Hill’s testimony gave resolve to others who had experienced similar treatment in the workplace, ushering in a 40-percent increase in the number of sexual harassment claims filed with state and federal agencies in 1991 and 1992. But as inspiring as her testimony was, Hill stood on the shoulders of brave women before her who confronted sexual harassment and helped advance a body of law that makes workplaces, schools, and other institutions safer spaces. That body of law now protects people against “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature,” as the U.S. Equal Employment Opportunity Commission summarizes.


The fight against sexual harassment is closely connected to the long struggle for freedom among African Americans.


The breakthrough cases in sexual harassment law provide a revealing look at the short and surprising history of the battles, both in and out of court, that brought the issue into public consciousness. It is a history that shatters popular perceptions of feminism’s second wave and brings to light an overlooked dimension of another fight for social justice: the Civil Rights Movement.

Two Landmark Legal Decisions

When Mechelle Vinson applied for a job at Capital City Federal Savings in 1974, she was only 19 years old, but she had already had part-time jobs at several businesses around Washington, D.C., including a shoe store and an exercise club. For Vinson, lessons in supporting herself had come early. A strained relationship with her father had led her to drop out of high school and make repeated attempts to run away from home. She got married at “14 or 15,” because, as she recounted later, “I thought if I get married, I don’t have to go through problems with my father.” Continue reading