Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Monday, August 28, 2017

Prof Julie Suk to Speak on Constitution Day on "The Constitution of Mothers" and a New ERA

The Center for Constitutional Law at the University of Akron School of Law will host Professor Julie Suk as the featured Constitution Day speaker on September 18, 2017.

Professor Suk's talk is entitled "The Constitution of Mothers:  Gender Equality and Social Reproduction in the United States and the World."  

One of the largest mobilizations in recent American history was the Women’s March of 2017, with  millions of participants in U.S. cities and in concurrent events throughout the world.  Despite diverse backgrounds and agendas, the marchers unified around the general theme of equality for women.   It was a constitutional moment:  The unity principles included a call for a new Equal Rights Amendment to the U.S. Constitution, and in March 2017, Nevada became the first state to ratify the ERA 35 years after the 1982 deadline had lapsed.  Nevada’s ratification raises questions about the legitimacy of post-deadline ratification of a Congressionally adopted constitutional amendment, as well as deeper normative questions about the desirability and  meaning of constitutionalizing equal rights for women in the 21st century.   If Nevada’s ratification is valid or can be made valid by Congressional action, two additional states’ ratifications will put the ERA in the U.S. Constitution.  Would such an amendment change what the law does, or would it be merely symbolic? 

This lecture will argue that an ERA is needed in the twenty-first century, but for reasons different from those that motivated the 1972 adopters.  Meanwhile, most constitutions around the world explicitly guarantee sex equality, and many of these constitutions also guarantee special protections for mothers.  Drawing on global constitutionalism, this lecture argues that constitutional equality for women must go beyond prohibiting sex distinctions in the law, and reach the disadvantages faced by largely by women due to the burdens of raising the next generation of citizens.  The challenge of making the constitution regulate social reproduction, however, is illustrated by the history of women’s participation in advocating for the Prohibition Amendment and its repeal, both of which engaged the politics of the home and child-rearing.  The legacy of women’s past struggles to change the Constitution, in light of contrasting narratives outside the United States, should inform our present gender equality efforts. 

Full details here:  Download ConLawSpeakerSukF2017

Julie Suk is a Professor of Law at the Cardozo School of Law – Yeshiva University in New York, where she has taught since 2005.  She is a leading scholar of comparative equality law. Her research brings a transnational perspective to equality and antidiscrimination law in the United States, drawing on primary legal materials in multiple languages from multiple jurisdictions.  Professor Suk's articles compare European and American approaches to a broad range of issues in law and public policy, such as the enforcement of antidiscrimination norms in various legal systems around the world, holocaust denial, maternity leave, and women’s equal representation in political and corporate leadership positions.   Professor Suk’s current research projects focus on women, work, and family in comparative constitutional law, as well as education rights in the context of socioeconomic inequality.  Representative publications include: An Equal Rights Amendment for the Twenty-First Century: Bringing Global Constitutionalism Home (Yale Journal of Law and Feminism), Are Gender Stereotypes Bad for Women?  Rethinking Antidiscrimination Law and Work-Family Conflict (Columbia Law Review), Discrimination at Will: Job Security Protections and Equal Employment Opportunity in Conflict (Stanford Law Review), Gender Parity and State Legitimacy: From Public Office to Corporate Boards (International Journal of Constitutional Law). 

 

http://lawprofessors.typepad.com/gender_law/2017/08/prof-julie-suk-to-speak-on-constitution-day-on-the-constitution-of-mothers-and-a-new-era.html

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