The article Justices’ Rulings Advance Gays; Women Less So, discusses the issue of inconsistency of Supreme Court rulings between the equality issues of gays and women. Justice Ruth Bader Ginsburg highlights the language the justices used in the recent Gay rights hearing using phrases like “equal dignity” and “liberty and equality.” Though this is a positive step in the right direction for gay rights it also highlights a continued unacceptable position towards women’s rights, more specifically the recent setbacks in cases involving equal pay, birth control abortion and medical leave. All of these interfere with women’s rights to choose for themselves their own destiny and yet it persists. The author of the article, Adam Liptak states that the most powerful role impeding progress is Justice Anthony M. Kennedy who happens to hold the court’s swing vote. According to an article in the South Carolina Law Review by Professor Cohen, “Justice Kennedy relies on traditional and paternalistic gender stereotypes about nontraditional fathers, idealized mothers and second-guessing women’s decisions.” Ironically, Justice Kennedy does not have the same traditional views on the issue of gay rights; he is a strong advocate alongside Justice Ginsburg. Recently Justice Kennedy voted in favor of Hobby Lobby case involving birth control in what Justice Ginsburg states as a grave error on behalf of the Supreme Court stating that they opened the door for job discrimination against women.
The article also discusses Justice Ginsburg’s dissention from the bench on behalf of women’s rights and as well as some of the universal issues that women continue to feel through her experience as frequently the only woman on the Supreme Court. Justice Ginsburg stated after the resignation of Justice Sandra Day O’Connor she felt isolated and the situation was disturbing. Now there are three women on the Supreme Court and they often vote together. They recently wrote a dissent against an order that allowed a Christian college to not provide for contraception. Justice Sotomayor accused the majority of “failing to protect women’s wellbeing.” At least we will have a little more say in the decision making process of our country.
This article stimulates mixed feelings, on one side it is encouraging and on the other disheartening. It is encouraging that there has been significant progress made in providing equal rights for gay men and women, but disheartening that they have progressed as far as women’s rights has in half the time. It makes one wonder how we still have inequality between men and women after decades of fighting for it. It is frustrating that