1
00:00:06,006 --> 00:00:09,546
[gentle music plays]

2
00:00:10,135 --> 00:00:15,595
[woman] Supreme Court Justices
are guardians of the great charter

3
00:00:16,224 --> 00:00:20,314
that has served as our nation's
fundamental instrument of government

4
00:00:20,979 --> 00:00:23,609
for over 200 years.

5
00:00:23,690 --> 00:00:27,190
I surely would not be in this room today…

6
00:00:28,361 --> 00:00:31,031
without the determined efforts

7
00:00:31,114 --> 00:00:35,374
of men and women who kept dreams alive.

8
00:00:35,452 --> 00:00:37,582
People like Susan B. Anthony,

9
00:00:37,662 --> 00:00:43,252
Elizabeth Cady Stanton and Harriet Tubman
come to mind.

10
00:00:44,544 --> 00:00:49,634
I stand on the shoulders
of those brave people.

11
00:00:50,508 --> 00:00:52,088
[woman] The time is now!

12
00:00:52,177 --> 00:00:54,597
Justice has to be served.

13
00:00:56,139 --> 00:00:58,679
[Ginsburg] Women and men
are persons of equal stature

14
00:00:58,767 --> 00:01:00,767
and dignity before the law,

15
00:01:00,852 --> 00:01:06,692
and I don't think that that is at all
any activist position to be taking

16
00:01:06,775 --> 00:01:09,485
with regard to the proper interpretation

17
00:01:09,569 --> 00:01:12,779
of the Equal Protection Clause
of the 14th Amendment.

18
00:01:18,078 --> 00:01:20,408
[woman] Every generation in America

19
00:01:20,497 --> 00:01:24,077
is going to need to make decisions
about how they're going to fight

20
00:01:24,167 --> 00:01:26,497
to make the promise
of the 14th Amendment real.

21
00:01:26,586 --> 00:01:31,716
There is a constant assault
to take away the hard-won rights.

22
00:01:31,800 --> 00:01:34,010
[chanting] My body, my choice!

23
00:01:34,094 --> 00:01:36,764
Reproductive rights and control
over reproduction

24
00:01:36,846 --> 00:01:40,136
is absolutely essential
for women's equal citizenship.

25
00:01:40,225 --> 00:01:42,975
[Ginsburg] You ask me about
equal protection

26
00:01:43,061 --> 00:01:45,021
versus individual autonomy,

27
00:01:45,105 --> 00:01:47,475
and my answer to you is it's both.

28
00:01:48,900 --> 00:01:50,740
[chanting] We won't go back.

29
00:01:50,819 --> 00:01:54,159
Access to abortion could be
cut back in the United States.

30
00:01:54,239 --> 00:01:56,829
That is a world that we could be
entering into.

31
00:01:56,908 --> 00:01:58,618
This is a travesty of justice.

32
00:01:58,701 --> 00:02:01,701
[chanting] My body, my choice!

33
00:02:01,830 --> 00:02:05,790
And if that happens, it will
show a limitation on the 14th Amendment

34
00:02:05,875 --> 00:02:08,415
that we have not reckoned with yet.

35
00:02:11,422 --> 00:02:15,302
[Ginsburg] The state
controlling the woman,

36
00:02:16,094 --> 00:02:20,104
is both denying her full autonomy

37
00:02:20,181 --> 00:02:23,391
and full equality with men.

38
00:02:27,147 --> 00:02:30,187
To be treated as an equal participant,

39
00:02:30,275 --> 00:02:34,485
this fight is really the fight
for a more perfect union.

40
00:02:40,076 --> 00:02:45,366
["Final Form" by Sampa the Great playing]

41
00:02:46,666 --> 00:02:48,916
In recent years, the Women's Movement

42
00:02:49,002 --> 00:02:53,462
has been galvanized by a number of attacks
on women's equality and liberty,

43
00:02:54,257 --> 00:02:56,217
the freedom to control their own lives,

44
00:02:56,301 --> 00:02:59,301
and their ability to have
equal footing as American citizens.

45
00:02:59,888 --> 00:03:01,428
And these rights,

46
00:03:01,514 --> 00:03:05,274
they're first established in the 1970s
by groups of women who,

47
00:03:05,351 --> 00:03:06,731
much like women of today,

48
00:03:06,811 --> 00:03:09,731
demand their equality
under the 14th Amendment.

49
00:03:09,814 --> 00:03:12,864
[reporter] Thousands
of nice women took to the streets,

50
00:03:12,942 --> 00:03:16,452
protesting, demanding economic rights
and political powers,

51
00:03:16,529 --> 00:03:18,989
just like the minority movements
of the '60s.

52
00:03:19,073 --> 00:03:23,043
The main demand is equal rights.
Equal rights to have a job, have respect.

53
00:03:23,119 --> 00:03:25,119
They aren't frivolous demands at all.

54
00:03:25,205 --> 00:03:27,705
We just want what men have had
all these years.

55
00:03:27,790 --> 00:03:30,840
The women of the '70s
are building off the playbook

56
00:03:30,919 --> 00:03:32,999
created by the Civil Rights movement.

57
00:03:33,630 --> 00:03:37,590
They're demanding we expand the use
of the 14th Amendment

58
00:03:37,675 --> 00:03:40,085
in ways the country hasn't seen before.

59
00:03:40,845 --> 00:03:45,055
But in order for women in the seventies
to gain equality under Fourteen,

60
00:03:45,141 --> 00:03:46,561
they have to gain control…

61
00:03:47,185 --> 00:03:50,355
over their lives, over their bodies,

62
00:03:50,438 --> 00:03:54,478
and over the story that we as Americans
tell each other

63
00:03:54,567 --> 00:03:57,357
about a woman's place in society.

64
00:03:57,445 --> 00:03:59,985
[man] I have three horses,
three dogs and a wife.

65
00:04:00,073 --> 00:04:01,413
[laughter]

66
00:04:01,491 --> 00:04:03,871
You want to think about
the billing order there?

67
00:04:03,952 --> 00:04:06,202
No, no,
she's the most beautiful animal I own.

68
00:04:06,996 --> 00:04:08,826
-[audience gasps]
-[woman] You own?

69
00:04:08,915 --> 00:04:10,535
-Wow!
-[woman] I have to leave.

70
00:04:10,625 --> 00:04:12,335
[laughter and scattered applause]

71
00:04:12,418 --> 00:04:15,338
I don't think I'd want
a female partner as steady partner.

72
00:04:15,421 --> 00:04:18,301
If they're capable
of doing the job, fine, but,

73
00:04:18,383 --> 00:04:21,343
if time goes on,
I believe it will be a hazard

74
00:04:21,427 --> 00:04:26,427
for the police woman to work
in the radio car with a police officer.

75
00:04:26,516 --> 00:04:28,936
Men and women work together
in this society.

76
00:04:29,018 --> 00:04:30,938
Have done so for a long time.

77
00:04:31,020 --> 00:04:33,610
We recognize there's
going to be a struggle ahead

78
00:04:33,690 --> 00:04:37,150
to define equality in terms
that both women and men understand.

79
00:04:37,235 --> 00:04:41,235
We are a movement about power,
not a public relations movement.

80
00:04:41,322 --> 00:04:44,582
We are challenging the power structure
as it exists.

81
00:04:45,368 --> 00:04:48,038
[woman] The 1970s, the Women's Movement

82
00:04:48,121 --> 00:04:50,831
is trying to figure out the best strategy

83
00:04:50,915 --> 00:04:55,335
for getting the court to recognize
that the Constitution protected women.

84
00:04:55,420 --> 00:05:00,380
American women will
see in the 14th Amendment

85
00:05:00,466 --> 00:05:06,006
a new possibility for equal protection
in the 14th Amendment.

86
00:05:07,181 --> 00:05:11,021
I did a study, a re-examination
of the 14th Amendment

87
00:05:11,144 --> 00:05:12,944
with regard to sex,

88
00:05:13,646 --> 00:05:18,356
and urged that the 14th Amendment be used

89
00:05:18,443 --> 00:05:21,203
using the civil rights precedents

90
00:05:21,279 --> 00:05:27,409
to make the 14th Amendment
clearly applicable to discrimination

91
00:05:27,493 --> 00:05:28,493
because of sex.

92
00:05:28,578 --> 00:05:32,118
Okay, you might not know
who this person is.

93
00:05:32,206 --> 00:05:33,786
Her name is Pauli Murray,

94
00:05:33,875 --> 00:05:37,545
and she's one of the most brilliant
legal minds of her age.

95
00:05:37,628 --> 00:05:42,298
[woman] She's a really important figure
in the Women's Rights Movement

96
00:05:42,383 --> 00:05:44,053
and a pioneer in this field,

97
00:05:44,135 --> 00:05:46,095
but she rarely gets credited.

98
00:05:46,179 --> 00:05:47,849
So, I would like to lift her up.

99
00:05:48,639 --> 00:05:52,689
Granddaughter of a slave,
great-granddaughter of a slave owner,

100
00:05:52,769 --> 00:05:54,309
lawyer extraordinaire.

101
00:05:54,937 --> 00:05:56,767
No matter which thread you follow

102
00:05:56,856 --> 00:05:59,276
in the grand story
of the civil rights struggle

103
00:05:59,359 --> 00:06:02,069
from the 1940s to the 1970s,

104
00:06:02,653 --> 00:06:04,953
it all seems to lead back to Pauli.

105
00:06:08,284 --> 00:06:12,464
Raised in Jim Crow North Carolina,
Pauli Murray lives by a motto:

106
00:06:13,122 --> 00:06:15,462
"Don't get mad, get smart."

107
00:06:16,334 --> 00:06:21,054
She refuses to give up her seat on a bus
15 years before Rosa Parks.

108
00:06:21,589 --> 00:06:26,389
Her legal arguments on the 14th Amendment
while a student at Howard University

109
00:06:26,469 --> 00:06:28,639
find their way to Thurgood Marshall,

110
00:06:28,721 --> 00:06:31,891
who uses them
to win Brown versus Board of Education.

111
00:06:32,558 --> 00:06:37,398
But Pauli Murray doesn't stop at equality
for Black Americans with white Americans.

112
00:06:37,939 --> 00:06:41,229
She believes the 14th Amendment
can be expanded

113
00:06:41,317 --> 00:06:44,647
to give women full equality with men.

114
00:06:45,988 --> 00:06:48,658
[Murray] She argues that
gender-based discrimination

115
00:06:48,741 --> 00:06:51,541
is akin to race-based discrimination.

116
00:06:52,328 --> 00:06:56,958
[woman] Largely through the brilliance
of Pauli Murray,

117
00:06:57,041 --> 00:07:02,631
with that framework, the possibility
of a renaissance of sorts

118
00:07:02,713 --> 00:07:04,553
around the 14th Amendment

119
00:07:04,632 --> 00:07:06,222
comes into being.

120
00:07:06,300 --> 00:07:10,680
[chanting] Free our sisters,
free ourselves!

121
00:07:10,763 --> 00:07:14,643
You had the Women's Movement coming
on the tails of the Civil Rights Movement.

122
00:07:14,725 --> 00:07:17,015
You had social change, social unrest,

123
00:07:17,103 --> 00:07:20,523
and you had a moment
where it was time for change.

124
00:07:20,606 --> 00:07:23,816
We want the 14th Amendment
to apply to women.

125
00:07:26,279 --> 00:07:28,159
[narrator] So, how did we get here?

126
00:07:28,239 --> 00:07:32,199
Isn't it kind of a given that women
are part of the Constitution?

127
00:07:33,035 --> 00:07:37,865
Turns out, this struggle goes back
to before the 14th was even created,

128
00:07:38,499 --> 00:07:40,959
back to the founding of our country.

129
00:07:46,966 --> 00:07:50,136
People like to say,
"Oh, the Constitution says this,"

130
00:07:50,219 --> 00:07:51,929
and, "The Constitution says that."

131
00:07:52,013 --> 00:07:54,273
In reality,
the Constitution doesn't say much.

132
00:07:55,850 --> 00:07:58,520
The Constitution doesn't even
mention women,

133
00:07:58,603 --> 00:08:00,653
and certainly nothing about their rights.

134
00:08:00,730 --> 00:08:03,400
Abigail Adams
exhorts her husband John Adams

135
00:08:03,483 --> 00:08:06,113
to remember the ladies,
but they really don't.

136
00:08:06,194 --> 00:08:09,324
[woman] This is supposed to be
a government by "We the People."

137
00:08:09,405 --> 00:08:12,695
Women were not considered
equal in the eyes of the law.

138
00:08:13,743 --> 00:08:16,123
[Grossman]
Women were simply not accounted for.

139
00:08:16,204 --> 00:08:18,924
And it's not because they weren't
asking and talking,

140
00:08:18,998 --> 00:08:20,418
and there weren't whispers.

141
00:08:20,500 --> 00:08:24,960
It simply was not a document that was
designed to upend gender relations.

142
00:08:27,840 --> 00:08:30,590
[Bridges] When the 14th Amendment
was passed,

143
00:08:30,676 --> 00:08:34,176
the thing that was on everyone's mind

144
00:08:34,263 --> 00:08:36,313
was discrimination on the basis of race.

145
00:08:36,390 --> 00:08:41,310
Women are hoping this will not solely
be for the condition of African Americans

146
00:08:41,395 --> 00:08:42,355
but for anyone.

147
00:08:42,438 --> 00:08:44,568
[Bridges] So, even before the Civil War,

148
00:08:44,649 --> 00:08:47,779
before the 14th Amendment
was even thought about,

149
00:08:47,860 --> 00:08:50,320
women have been agitating.

150
00:08:50,404 --> 00:08:54,704
[Murray] The Women's Rights Movement
sees marriage as a kind of female slavery.

151
00:08:54,784 --> 00:08:58,414
And the idea here is that women
do not own their own labor,

152
00:08:58,496 --> 00:08:59,746
or their own bodies.

153
00:08:59,830 --> 00:09:02,580
They are hoping that
all of these status relationships

154
00:09:02,667 --> 00:09:05,207
will be dismantled by the 14th Amendment.

155
00:09:06,837 --> 00:09:10,127
[Bridges] If it can produce equality
between Black and white people,

156
00:09:10,216 --> 00:09:14,346
why can't it produce equality
between women and men?

157
00:09:16,806 --> 00:09:21,306
To their eternal dismay,
it really does not include them at all.

158
00:09:23,354 --> 00:09:25,944
The 14th Amendment had a certain purpose.

159
00:09:26,023 --> 00:09:28,323
It did not include equality for women.

160
00:09:28,901 --> 00:09:31,611
[Grossman] The 14th Amendment
did not give them rights.

161
00:09:31,696 --> 00:09:33,486
It preserved the status quo.

162
00:09:34,448 --> 00:09:37,618
[Murray] The 14th Amendment is preoccupied
with this question of

163
00:09:37,702 --> 00:09:42,002
remedying the wrongs of slavery,
and women are pretty much sidelined.

164
00:09:43,124 --> 00:09:48,094
The framers of the 14th Amendment
weren't feminists.

165
00:09:49,338 --> 00:09:53,628
It was a very inauspicious beginning
for the cause of women's rights

166
00:09:53,718 --> 00:09:55,548
as it relates to the 14th Amendment.

167
00:09:55,636 --> 00:09:57,466
Feminists were furious.

168
00:10:01,225 --> 00:10:03,095
[man] "Women have not been enslaved."

169
00:10:03,185 --> 00:10:05,305
"Intelligence has not been
denied to them."

170
00:10:05,396 --> 00:10:07,056
"They have not been degraded."

171
00:10:07,148 --> 00:10:10,278
"There is no prejudice against them
on account of their sex."

172
00:10:10,359 --> 00:10:14,569
"On the contrary, they are respected,
honored and loved…

173
00:10:15,364 --> 00:10:16,954
if they deserve to be."

174
00:10:18,868 --> 00:10:22,248
[Bridges] To think about women's role
in history and the most significant ways

175
00:10:22,330 --> 00:10:24,250
in which they were subordinated,

176
00:10:24,332 --> 00:10:26,502
you have to start with laws of the family.

177
00:10:26,584 --> 00:10:29,174
[Murray] Under the common law
doctrine of coverture,

178
00:10:29,253 --> 00:10:32,263
the legal identity
of husband and wife are one,

179
00:10:32,340 --> 00:10:34,050
and that one is the husband.

180
00:10:34,133 --> 00:10:38,353
He literally covers her
and is her public face for everything.

181
00:10:39,930 --> 00:10:42,770
You had no legal rights,
no legal standing whatsoever.

182
00:10:42,850 --> 00:10:45,690
You didn't exist legally,
couldn't own any property.

183
00:10:45,770 --> 00:10:48,150
[Murray] You were not permitted
to serve on juries.

184
00:10:48,230 --> 00:10:50,650
You did not have the right
to own your own wages.

185
00:10:50,733 --> 00:10:54,783
You did not have any of what we think of
as the basic civil rights of life.

186
00:10:54,862 --> 00:10:59,122
It's men's job, doing the labor
out in the public sphere,

187
00:10:59,200 --> 00:11:00,530
earning the wages.

188
00:11:00,618 --> 00:11:01,738
Women are timid.

189
00:11:01,827 --> 00:11:04,537
Where they belong
is in the private sphere,

190
00:11:04,622 --> 00:11:07,712
in the home caring for the children.

191
00:11:09,126 --> 00:11:11,336
These were not just social taboos,

192
00:11:11,420 --> 00:11:15,720
but these were formal limitations
from the institutions of civil society.

193
00:11:16,258 --> 00:11:19,678
One sphere for women, the private sphere,
and one for men.

194
00:11:20,262 --> 00:11:23,272
The public, the workplace,
the marketplace.

195
00:11:30,272 --> 00:11:32,942
Women, nevertheless, made every effort

196
00:11:33,025 --> 00:11:35,435
to make the 14th Amendment apply to them.

197
00:11:42,785 --> 00:11:45,995
"Women have the right to think
and act as individuals."

198
00:11:46,080 --> 00:11:48,790
"If the Great Father had
intended it to be otherwise,

199
00:11:48,874 --> 00:11:52,174
he would have placed Eve in a cage
and given Adam the key."

200
00:11:52,253 --> 00:11:55,923
Myra Bradwell is a woman
living in Illinois

201
00:11:56,006 --> 00:11:58,586
and she's married,
but she wants to be a lawyer.

202
00:11:59,135 --> 00:12:01,465
She takes her case all the way
to the Supreme Court,

203
00:12:01,554 --> 00:12:04,314
argues the common law rules
that would have said

204
00:12:04,390 --> 00:12:06,980
we would never see a woman
as a lawyer at the bar

205
00:12:07,059 --> 00:12:10,939
is drastically upended
by the 14th Amendment.

206
00:12:11,021 --> 00:12:15,071
So, she argues that one of the privileges
or immunities of citizenship

207
00:12:15,151 --> 00:12:18,531
that the 14th Amendment confers
gives her the right to be a lawyer.

208
00:12:19,655 --> 00:12:23,075
[Northup] This new amendment, guaranteed
personal liberties to all citizens,

209
00:12:23,159 --> 00:12:26,749
meant that men and women must be
treated equally under the Constitution.

210
00:12:28,581 --> 00:12:31,711
[Murray] The Supreme Court
reads the text of the 14th Amendment

211
00:12:31,792 --> 00:12:34,302
and says that
that is actually not the case.

212
00:12:34,378 --> 00:12:35,668
[Gersen] The Court said,

213
00:12:35,755 --> 00:12:40,375
no, the state is allowed to
discriminate against women

214
00:12:40,468 --> 00:12:44,558
on the basis that women
are naturally different from men,

215
00:12:44,638 --> 00:12:47,888
that they have more "timidity," it said.

216
00:12:47,975 --> 00:12:52,095
[man] "Man is, or should be,
woman's protector and defender."

217
00:12:52,188 --> 00:12:56,318
"The natural, proper timidity and delicacy
which belongs to the female sex

218
00:12:56,400 --> 00:12:59,650
unfits it for many
of the occupations of civil life."

219
00:12:59,737 --> 00:13:02,777
"The paramount destiny
and mission of women

220
00:13:02,865 --> 00:13:07,035
are to fulfill the noble
and benign offices of wife and mother."

221
00:13:07,119 --> 00:13:08,909
"This is the law of the Creator."

222
00:13:10,331 --> 00:13:14,001
They really don't have a need
to be in the public sphere

223
00:13:14,084 --> 00:13:16,754
as voters, as workers, as anything.

224
00:13:17,505 --> 00:13:21,965
Their lane is to be wives and mothers
and they need to stay in their lanes.

225
00:13:22,468 --> 00:13:26,218
You see all of history kind of collapsed
into this one opinion.

226
00:13:26,305 --> 00:13:28,845
All of the reasons that we historically

227
00:13:28,933 --> 00:13:32,813
have thought women
to be lesser or different.

228
00:13:32,895 --> 00:13:38,685
And all of those are used to reject
her attempt to claim equal rights.

229
00:13:38,776 --> 00:13:44,066
If I'm Myra Bradwell when I basically
hear that because I'm a woman

230
00:13:44,156 --> 00:13:46,026
my destiny is set,

231
00:13:46,158 --> 00:13:52,328
and my destiny is to have children,
to be a wife, to take care of home,

232
00:13:52,414 --> 00:13:54,294
I'm beside myself at this point.

233
00:13:54,375 --> 00:13:56,835
What the Court is effectively doing

234
00:13:56,919 --> 00:14:02,799
is writing a deeply patriarchal
vision of the world

235
00:14:02,883 --> 00:14:04,553
into the Constitution.

236
00:14:04,635 --> 00:14:08,805
What they seem to be saying is,
"This is the way God intended it."

237
00:14:08,889 --> 00:14:11,559
"This is the way things shake out."

238
00:14:11,642 --> 00:14:15,942
"And if we shake it up, we'll
shake our society out of existence."

239
00:14:16,021 --> 00:14:20,191
So it becomes clear, the 14th Amendment
at this point is a no-go.

240
00:14:27,783 --> 00:14:32,123
[jazz music]

241
00:14:32,204 --> 00:14:33,964
[reporter] On August 26th, 1920,

242
00:14:34,039 --> 00:14:36,579
the 19th Amendment
was officially ratified.

243
00:14:36,667 --> 00:14:41,627
[Bridges] It took until 1920
before women won the right to vote.

244
00:14:41,714 --> 00:14:44,224
So, yeah, it took a while. [laughs]

245
00:14:44,300 --> 00:14:47,470
[reporter] The winning of suffrage
had greatest effect on the weaker sex

246
00:14:47,553 --> 00:14:50,933
in that they had legally
become man's equal.

247
00:14:51,015 --> 00:14:53,975
[Grossman] Women's advocates
believe that the 19th Amendment

248
00:14:54,059 --> 00:14:56,899
was going to break down
most or all of the barriers

249
00:14:56,979 --> 00:14:59,019
to women's participation in public life.

250
00:14:59,648 --> 00:15:03,318
[reporter] Universal women's suffrage
was responsible for the transition

251
00:15:03,402 --> 00:15:06,782
from woman's place in the home
to their place in the sun.

252
00:15:09,742 --> 00:15:11,992
So, women do get the vote,

253
00:15:12,077 --> 00:15:16,617
but that does not prompt the Supreme Court
to rethink its approach

254
00:15:16,707 --> 00:15:20,537
to the 14th Amendment
and to equal protection of the law.

255
00:15:22,296 --> 00:15:26,176
[Grossman] As women turn to courts
and cited the 19th Amendment

256
00:15:26,258 --> 00:15:29,088
in support of challenging
other restrictions,

257
00:15:29,803 --> 00:15:33,433
they were almost universally turned away
and told by those courts,

258
00:15:33,515 --> 00:15:36,095
"The 19th Amendment
gives you the right to vote,

259
00:15:36,185 --> 00:15:38,595
it doesn't give you
any other specific rights."

260
00:15:39,188 --> 00:15:40,518
It's just about voting.

261
00:15:41,982 --> 00:15:46,952
[Bridges] So, you're asking these courts
to recognize that times are changing,

262
00:15:48,322 --> 00:15:51,742
that they should reject
the patriarchy of yesteryear

263
00:15:51,825 --> 00:15:54,495
and embrace equality between the sexes.

264
00:15:55,245 --> 00:15:57,825
And it's all old white men.

265
00:16:00,709 --> 00:16:07,169
I mean, old white men who are
steeped in a particular way of life.

266
00:16:08,926 --> 00:16:14,006
These are the kinds of ideas that women
are constantly up against.

267
00:16:14,098 --> 00:16:20,148
The sexist, misogynist baseline
that's written into the Constitution.

268
00:16:20,229 --> 00:16:24,399
This kind of logic that the law,
the state can protect women

269
00:16:24,483 --> 00:16:27,703
gets used to justify rules
that prohibit women

270
00:16:27,778 --> 00:16:30,358
from working as waitresses in bars.

271
00:16:30,447 --> 00:16:34,157
[as Sutherland] "Night work so injuriously
affects the physical condition of women

272
00:16:34,243 --> 00:16:39,293
and so threatens to impair
their peculiar and natural functions,

273
00:16:39,373 --> 00:16:43,923
it exposes them to the dangers and menaces
incident to night life."

274
00:16:44,003 --> 00:16:47,553
It gets used to justify
protective labor legislation

275
00:16:47,631 --> 00:16:50,931
that limits the number of hours
women can work during the week.

276
00:16:51,010 --> 00:16:55,470
"The injurious consequences
bear more heavily against women than men,

277
00:16:55,556 --> 00:16:57,806
considering their more delicate organism."

278
00:16:58,434 --> 00:17:01,154
It underwrites
a double standard in the law

279
00:17:01,228 --> 00:17:03,148
that allows the law to continue

280
00:17:03,230 --> 00:17:06,280
to officially legislate
women's subordinance.

281
00:17:08,902 --> 00:17:12,112
[narrator] Here's how bad it got
between women and the Court.

282
00:17:12,197 --> 00:17:15,197
The Supreme Court building
wasn't always where it is now.

283
00:17:15,284 --> 00:17:19,544
In 1935, the government went
looking for property for their new home,

284
00:17:20,164 --> 00:17:23,544
and you're never going to believe
what they did to get it.

285
00:17:24,126 --> 00:17:27,046
They seized the headquarters
of the National Woman's Party.

286
00:17:27,588 --> 00:17:29,838
There's a picture
of the United States government

287
00:17:29,923 --> 00:17:33,183
handing a check over to the lawyer
for the National Woman's Party.

288
00:17:33,761 --> 00:17:35,261
[Bridges]
She's looking like,

289
00:17:35,846 --> 00:17:38,016
"I'ma take this money. I'ma take it,

290
00:17:38,098 --> 00:17:39,728
but you know you're wrong."

291
00:17:39,808 --> 00:17:41,388
[laughs]

292
00:17:42,519 --> 00:17:44,149
"You know you're dead wrong."

293
00:17:51,862 --> 00:17:55,072
[Murray] Perhaps it's entirely fitting
the Supreme Court

294
00:17:55,157 --> 00:17:58,987
is literally built on the bones
of this movement.

295
00:17:59,828 --> 00:18:01,578
[man]
"Every country that you go to,

296
00:18:01,663 --> 00:18:05,293
usually the degree of progress can never
be separated from the woman.

297
00:18:05,375 --> 00:18:07,625
If you're in a country that's progressive,

298
00:18:07,711 --> 00:18:09,251
the woman is progressive."

299
00:18:10,214 --> 00:18:15,514
The 19th Amendment isn't going
to produce this world of gender equality.

300
00:18:15,636 --> 00:18:20,426
And so, we have to turn back
to the 14th Amendment because what else--

301
00:18:20,516 --> 00:18:23,596
What other options are on your menu?

302
00:18:23,685 --> 00:18:27,645
The 14th Amendment is there looking pretty
with this Equal Protection Clause,

303
00:18:27,731 --> 00:18:31,111
talking about states can't deny people
equal protection of the laws.

304
00:18:33,612 --> 00:18:38,872
So, women have to rely
on that very indeterminate clause

305
00:18:38,951 --> 00:18:44,541
to make the case that the Constitution
requires equality between the sexes.

306
00:18:45,666 --> 00:18:48,416
[narrator] This is what
women of the '70s are up against

307
00:18:48,502 --> 00:18:50,552
when it comes to women's equality.

308
00:18:50,629 --> 00:18:52,759
Pauli Murray knows this history.

309
00:18:53,340 --> 00:18:56,970
She knows the 14th Amendment
has never worked for women before.

310
00:18:57,553 --> 00:19:00,893
But in the 1950s,
she also knew how hard it would be

311
00:19:00,973 --> 00:19:04,183
to overturn Jim Crow laws
during the Civil Rights Movement,

312
00:19:04,268 --> 00:19:05,638
and look what she achieved.

313
00:19:06,436 --> 00:19:09,606
This is a woman who does not
back down from a challenge

314
00:19:09,690 --> 00:19:11,980
when she knows
she's doing the right thing.

315
00:19:13,485 --> 00:19:18,115
[Grossman] So, the question becomes
how to get the Court to recognize

316
00:19:18,198 --> 00:19:20,658
the Equal Protection Clause
could apply to gender

317
00:19:20,742 --> 00:19:23,662
in the same way
it had been applied to race.

318
00:19:25,330 --> 00:19:27,080
[woman] "It could be argued

319
00:19:27,166 --> 00:19:29,786
that just as separate schools
for Negro and white children

320
00:19:29,877 --> 00:19:32,167
by their very nature cannot be equal,

321
00:19:32,254 --> 00:19:34,304
classification on the basis of sex

322
00:19:34,381 --> 00:19:36,761
is today unreasonable and discriminatory."

323
00:19:36,842 --> 00:19:40,302
The analogy between race and gender

324
00:19:40,387 --> 00:19:43,057
becomes a point of argumentation.

325
00:19:43,140 --> 00:19:46,940
"Now, I don't say
that race and sex are identical."

326
00:19:47,769 --> 00:19:50,519
"I do say they have certain
comparable characteristics."

327
00:19:51,023 --> 00:19:53,443
"There tend to be problems
common to both groups,

328
00:19:53,525 --> 00:19:55,435
such as discrimination in employment

329
00:19:55,527 --> 00:19:57,737
or failure to be represented
in government."

330
00:19:58,238 --> 00:20:01,738
Pauli Murray is saying
the whole question of gender,

331
00:20:01,825 --> 00:20:05,695
it's a lot like race because it turns on

332
00:20:05,787 --> 00:20:08,497
these immutable characteristics
that people have

333
00:20:08,582 --> 00:20:12,422
that don't really affect
their ability to contribute to society,

334
00:20:12,502 --> 00:20:16,422
and this argument is adopted wholesale

335
00:20:16,506 --> 00:20:19,176
by none other than Ruth Bader Ginsburg.

336
00:20:23,597 --> 00:20:27,977
I feel like RBG deserves
a better introduction than I can give her.

337
00:20:28,060 --> 00:20:28,890
Um…

338
00:20:28,977 --> 00:20:32,147
Notorious RBG has become
such a pop and cultural phenomenon

339
00:20:32,231 --> 00:20:36,241
that whoever introduces her
should do so with, like, "Whoo!"

340
00:20:36,318 --> 00:20:41,238
[big band jazz plays]

341
00:20:46,954 --> 00:20:50,174
[woman] "It's clear that the core purpose
of the 14th Amendment

342
00:20:50,249 --> 00:20:52,379
was to eliminate racial discrimination,

343
00:20:53,377 --> 00:20:57,167
because a person's skin color
bears no relationship to ability.

344
00:20:57,881 --> 00:21:02,431
Similarly, sex, like race, is a visible,
immutable characteristic

345
00:21:02,511 --> 00:21:05,311
bearing no necessary relationship
to ability."

346
00:21:07,140 --> 00:21:11,520
[Bazelon] Ruth Bader Ginsburg was
an incredibly determined Jewish woman

347
00:21:11,603 --> 00:21:12,813
from Brooklyn.

348
00:21:12,896 --> 00:21:15,316
She went to Harvard Law School

349
00:21:15,399 --> 00:21:18,239
as one of nine women
in her entering class.

350
00:21:18,777 --> 00:21:20,567
When she graduates from law school,

351
00:21:20,654 --> 00:21:24,414
she has an incredibly hard time
finding any judge in the country

352
00:21:24,491 --> 00:21:27,371
who will take a chance on her
because judges at this point

353
00:21:27,452 --> 00:21:29,622
just are not hiring women
in their chambers.

354
00:21:30,664 --> 00:21:34,384
So she starts litigating cases
about sex discrimination,

355
00:21:34,459 --> 00:21:38,629
and it's really her work
that makes the Court look more closely

356
00:21:38,714 --> 00:21:42,184
at these laws based on sex and gender.

357
00:21:43,135 --> 00:21:45,255
[as Ginsburg] "Most men
in courts at that time

358
00:21:45,345 --> 00:21:48,215
didn't associate discrimination
in its unpleasant sense

359
00:21:48,307 --> 00:21:50,057
with the way women were treated."

360
00:21:50,642 --> 00:21:54,402
"They genuinely believed that women
had the best of all possible worlds."

361
00:21:54,938 --> 00:21:58,278
"The challenge was
to educate the men on the bench

362
00:21:58,358 --> 00:22:01,528
to help them realize there was
something wrong with that world."

363
00:22:01,611 --> 00:22:03,031
[Northup] Back in the 1970s,

364
00:22:03,113 --> 00:22:06,663
Women's Rights plaintiffs were
bringing these cases before courts

365
00:22:06,742 --> 00:22:09,202
that were overwhelmingly male.

366
00:22:09,828 --> 00:22:11,788
[Bazelon]
Ginsburg says, "You know what?

367
00:22:11,872 --> 00:22:17,092
In order to get the sympathy and attention
from these male Supreme Court Justices,

368
00:22:17,169 --> 00:22:22,009
I'll have to show them a different person,
and tell them a different story."

369
00:22:22,591 --> 00:22:24,221
So, she picks male plaintiffs

370
00:22:24,301 --> 00:22:27,551
who are being discriminated against
on the basis of sex.

371
00:22:29,389 --> 00:22:34,639
[Murray] In 1973, in a case
called Frontiero vs. Richardson,

372
00:22:34,728 --> 00:22:37,808
Sharon Frontiero is in the military,

373
00:22:37,898 --> 00:22:41,688
and she doesn't get an allowance
for housing for her husband

374
00:22:41,777 --> 00:22:44,357
and the other male officers do.

375
00:22:44,446 --> 00:22:48,576
So, she goes down to the benefits office
like, "This is curious, fellas."

376
00:22:48,658 --> 00:22:51,078
They're like,
"It's actually not curious, Sharon."

377
00:22:51,953 --> 00:22:55,083
[Northup] If you were a spouse
of a male Air Force member,

378
00:22:55,165 --> 00:22:57,625
you automatically got dependent benefits.

379
00:22:58,293 --> 00:23:02,173
But if you were a man who was
married to an Air Force service member,

380
00:23:02,255 --> 00:23:06,215
you had to prove that you
were dependent on your spouse.

381
00:23:07,135 --> 00:23:11,965
And so this was a man
challenging a gendered law

382
00:23:12,057 --> 00:23:16,477
and saying it violates equal protection
under the 14th Amendment.

383
00:23:16,561 --> 00:23:18,861
And they won.

384
00:23:20,607 --> 00:23:24,737
[Murray] Justice Brennan,
he writes the opinion for the Court,

385
00:23:24,820 --> 00:23:30,620
and he starts by talking about the history
of the Court's decisions on gender.

386
00:23:31,535 --> 00:23:35,455
"It is true that the position of women
has improved in recent decades."

387
00:23:36,123 --> 00:23:38,173
"Nevertheless, it can hardly be doubted

388
00:23:38,250 --> 00:23:40,590
that women still face
pervasive discrimination

389
00:23:40,669 --> 00:23:43,839
in our educational institutions,
in the job market,

390
00:23:43,922 --> 00:23:45,842
and in the political arena."

391
00:23:46,633 --> 00:23:49,513
"Our nation has had a long
and unfortunate history

392
00:23:49,594 --> 00:23:50,764
of sex discrimination."

393
00:23:51,680 --> 00:23:54,140
"Traditionally,
discrimination towards women

394
00:23:54,224 --> 00:23:57,104
was rationalized by an attitude
of romantic paternalism,

395
00:23:57,811 --> 00:24:01,571
which put women not on a pedestal,
but in a cage."

396
00:24:03,233 --> 00:24:05,403
"With these considerations in mind,

397
00:24:05,485 --> 00:24:08,485
we can only conclude that classifications
based upon sex,

398
00:24:08,572 --> 00:24:12,742
like classifications based upon race,
alienage, or national origin,

399
00:24:12,826 --> 00:24:14,446
are inherently suspect."

400
00:24:16,204 --> 00:24:21,714
[Grossman] So, the Equal Protection Clause
allows advocates to go around the country

401
00:24:21,793 --> 00:24:26,173
and say, "You can't just for no reason
treat men and women differently."

402
00:24:26,256 --> 00:24:29,586
"They're in fact entitled in most cases
to be treated the same."

403
00:24:29,676 --> 00:24:32,296
-♪ I know we can make it ♪
-♪ I know that we can ♪

404
00:24:32,387 --> 00:24:34,807
♪ I know darn well we can work it out ♪

405
00:24:34,890 --> 00:24:36,600
♪ Oh yes, we can, I know we can can ♪

406
00:24:36,683 --> 00:24:38,353
♪ Yes, we can can, oh, why can't we? ♪

407
00:24:38,435 --> 00:24:39,895
♪ If we wanna, yes we can can ♪

408
00:24:39,978 --> 00:24:42,558
♪ I know we can make it work ♪

409
00:24:42,647 --> 00:24:45,727
♪ I know that we can make it if we try ♪

410
00:24:45,817 --> 00:24:47,687
♪ Oh yes, we can, I know we can can ♪

411
00:24:47,777 --> 00:24:49,647
-♪Yes, we can ♪
-♪ Great gosh Almighty… ♪

412
00:24:49,738 --> 00:24:54,118
That interpretation
changes the face of law

413
00:24:54,201 --> 00:24:56,201
in a very dramatic way.

414
00:24:56,995 --> 00:25:00,615
What it doesn't do is deal with
all of the many situations

415
00:25:00,707 --> 00:25:04,417
in which men and women are not
what we call similarly situated.

416
00:25:04,503 --> 00:25:06,633
Women's equality is linked

417
00:25:06,713 --> 00:25:09,763
to a woman's ability
to control her own body.

418
00:25:09,841 --> 00:25:12,931
But the courts at this time,
and for decades before,

419
00:25:13,011 --> 00:25:14,181
don't see it that way.

420
00:25:14,846 --> 00:25:18,176
In order to gain reproductive rights
under Fourteen,

421
00:25:18,266 --> 00:25:21,386
women will need an entirely new
legal strategy.

422
00:25:29,194 --> 00:25:33,414
[Tetrault] The Fourteenth Amendment
has been cited over and over again

423
00:25:33,490 --> 00:25:36,280
in a whole host
of reproductive rights cases.

424
00:25:37,869 --> 00:25:40,329
Maybe the most egregious Buck V. Bell,

425
00:25:41,289 --> 00:25:44,379
when the State of Virginia sterilizes,

426
00:25:44,459 --> 00:25:48,629
in other words, surgically operates on
and ties the tubes of Carrie Buck.

427
00:25:50,966 --> 00:25:54,046
And she sues and says
this is a denial of her rights

428
00:25:54,135 --> 00:25:56,255
because this was done without her consent.

429
00:25:58,098 --> 00:26:00,058
And what the Supreme Court decides

430
00:26:00,141 --> 00:26:03,441
in this kind of patronizing idea
that never gets old,

431
00:26:03,520 --> 00:26:06,360
that women's reproduction
is actually their sole function

432
00:26:06,439 --> 00:26:10,689
and something that the State therefore
has a right to govern and control.

433
00:26:12,946 --> 00:26:17,366
[Murray] This is happening at the time
Virginia passes the Racial Integrity Act.

434
00:26:17,450 --> 00:26:19,410
It's written
by the Virginia Eugenics Board,

435
00:26:19,494 --> 00:26:23,164
and it's meant to preserve
the best of the white race.

436
00:26:23,248 --> 00:26:27,668
It prohibits white people
from marrying people of other races.

437
00:26:27,752 --> 00:26:29,422
It's a eugenics law.

438
00:26:30,630 --> 00:26:34,840
[Bridges] Basically, if you weren't
affluent, white, married property owner,

439
00:26:34,926 --> 00:26:37,636
then you probably had problematic genes,

440
00:26:37,721 --> 00:26:39,971
according to the eugenic science
of the day,

441
00:26:40,056 --> 00:26:42,976
which suggested that you shouldn't
be allowed to reproduce.

442
00:26:43,768 --> 00:26:46,648
[Murray] Famous Justice
of the United States Supreme Court

443
00:26:46,730 --> 00:26:48,270
Oliver Wendell Holmes,

444
00:26:48,898 --> 00:26:51,688
he writes the opinion in Buck versus Bell,

445
00:26:51,776 --> 00:26:55,736
and he says the State of Virginia
is perfectly within its power

446
00:26:55,822 --> 00:26:59,492
to prescribe the sterilization
of the feeble-minded.

447
00:27:02,412 --> 00:27:05,922
And it's a shocking opinion
in its callousness.

448
00:27:05,999 --> 00:27:09,129
"Three generations of imbeciles
is enough."

449
00:27:09,210 --> 00:27:10,960
It's hard to hear even now.

450
00:27:14,132 --> 00:27:17,342
[Gersen] It doesn't violate Carrie Buck's
due process,

451
00:27:17,427 --> 00:27:21,967
and the Supreme Court basically
says the State is permitted to do that.

452
00:27:22,557 --> 00:27:24,977
It doesn't violate the 14th Amendment.

453
00:27:25,644 --> 00:27:29,064
Why do so many men believe women
need to be controlled and protected?

454
00:27:29,147 --> 00:27:31,187
Because women were viewed as property.

455
00:27:31,274 --> 00:27:32,864
Property cannot protect itself.

456
00:27:32,942 --> 00:27:35,152
A chaise lounge can't fight off a burglar.

457
00:27:35,236 --> 00:27:37,606
It's an excuse that men base on biology.

458
00:27:37,697 --> 00:27:40,907
See, men see women as smaller
and therefore weaker.

459
00:27:40,992 --> 00:27:42,912
Feeble minds, delicate bodies…

460
00:27:42,994 --> 00:27:46,464
For so long, the majority of work
outside home involved heavy labor.

461
00:27:46,539 --> 00:27:50,249
Man could say he was physically stronger
and that was that. Argument over.

462
00:27:50,335 --> 00:27:54,255
But by the 1920s,
that's all starting to change. Why?

463
00:27:55,256 --> 00:27:56,086
Technology.

464
00:27:57,926 --> 00:28:01,006
As technology advances,
work is no longer built on strength.

465
00:28:02,263 --> 00:28:04,643
So man's excuse for dominance is gone.

466
00:28:06,017 --> 00:28:09,307
You can't call a woman your property
if she works at the textile mill.

467
00:28:09,396 --> 00:28:11,556
A chaise lounge can't do that.

468
00:28:11,648 --> 00:28:15,108
So the Industrial Revolution kicks off
a countdown clock to equality,

469
00:28:15,193 --> 00:28:17,533
which is convenient
because everyone's on the clock.

470
00:28:18,363 --> 00:28:19,613
And it just keeps going.

471
00:28:19,698 --> 00:28:22,328
Telephone, typewriters, computers.

472
00:28:22,409 --> 00:28:24,909
Many of the first computer engineers
were women.

473
00:28:25,453 --> 00:28:28,213
And the most important
technological advance of all

474
00:28:28,289 --> 00:28:29,789
is birth control.

475
00:28:30,500 --> 00:28:34,670
Before birth control, women were
expected to carry around ten pregnancies.

476
00:28:35,338 --> 00:28:36,208
Ten.

477
00:28:36,840 --> 00:28:38,050
Ten!

478
00:28:38,133 --> 00:28:40,183
I'm about to faint
just thinking about that.

479
00:28:40,260 --> 00:28:42,050
Get me a chaise lounge, please!

480
00:28:43,096 --> 00:28:46,976
So you can see why, once women can
choose if and when to have children,

481
00:28:47,058 --> 00:28:49,728
the path to equality lays itself out.

482
00:28:53,231 --> 00:28:56,321
[Gersen] In Connecticut, there was a law

483
00:28:56,401 --> 00:28:59,531
that prohibited the use of contraceptives,

484
00:29:00,572 --> 00:29:04,452
and that law had been on the books
since the late 19th century.

485
00:29:05,118 --> 00:29:08,658
[Murray] Estelle Griswold becomes
the Executive Director

486
00:29:08,747 --> 00:29:11,707
of the Planned Parenthood
League of Connecticut,

487
00:29:11,791 --> 00:29:17,671
and she is energetic
and ready to go to the mattresses

488
00:29:17,756 --> 00:29:19,416
to take down this law.

489
00:29:20,383 --> 00:29:22,263
So she opens a birth control clinic,

490
00:29:22,343 --> 00:29:25,183
and she begins immediately
to be very vocal.

491
00:29:25,847 --> 00:29:27,717
She's out there passing out flyers.

492
00:29:27,807 --> 00:29:30,097
"Would you like a diaphragm,
birth control pills?"

493
00:29:30,185 --> 00:29:31,385
"You can get them here."

494
00:29:31,478 --> 00:29:34,478
"We advise, we distribute,
we break the law."

495
00:29:34,564 --> 00:29:36,984
She's basically trying to get arrested.

496
00:29:37,650 --> 00:29:40,900
I think it's very evident
that the law is unenforceable.

497
00:29:40,987 --> 00:29:42,657
We are continuing,

498
00:29:42,739 --> 00:29:44,659
uh, maybe illegally,

499
00:29:45,200 --> 00:29:48,700
but we are continuing our program
of education and referral.

500
00:29:49,454 --> 00:29:51,834
[Murray] A few days later,
she gets her wish

501
00:29:52,332 --> 00:29:55,592
and Griswold vs. Connecticut
is headed to the Supreme Court.

502
00:29:55,668 --> 00:29:58,958
[man] We do argue that
the discriminatory nature of the statutes

503
00:29:59,047 --> 00:30:04,007
constitutes a deprivation
of right against invasion of privacy

504
00:30:04,093 --> 00:30:05,973
within the marriage relationship.

505
00:30:06,054 --> 00:30:10,524
The Court, with Justice William O. Douglas
writing for the majority,

506
00:30:10,600 --> 00:30:14,850
latches on to the logic
of marital privacy.

507
00:30:14,938 --> 00:30:19,318
"Would we allow the police to search
the sacred corners of marital bedrooms

508
00:30:19,400 --> 00:30:21,490
for telltale signs of contraceptives?"

509
00:30:22,153 --> 00:30:26,163
And that vision,
Big Brother in your marital bedroom,

510
00:30:26,241 --> 00:30:30,701
was what motivated the Court
to say the State can't do this.

511
00:30:30,787 --> 00:30:33,157
This was the birth
of the right to privacy.

512
00:30:33,915 --> 00:30:37,415
[man] Justice William O. Douglas
has written more books, traveled more,

513
00:30:37,502 --> 00:30:39,502
hiked more than any Justice ever.

514
00:30:39,587 --> 00:30:41,417
He has also married more.

515
00:30:41,506 --> 00:30:43,966
His present wife is Cathleen Heffernan.

516
00:30:44,050 --> 00:30:47,720
When they married she was 23 years old,
he was 67.

517
00:30:47,804 --> 00:30:49,474
It's Douglas' fourth marriage,

518
00:30:49,556 --> 00:30:51,806
the last three to women
much younger than he.

519
00:30:51,891 --> 00:30:55,401
Congressmen have
made indignant speeches about this.

520
00:30:55,520 --> 00:30:58,770
Douglas replies that his private life
is his own business.

521
00:31:01,025 --> 00:31:03,525
[Murray] It's probably not surprising
that Justice Douglas

522
00:31:03,611 --> 00:31:06,821
would take to marital privacy
at this point in time.

523
00:31:06,906 --> 00:31:10,786
I think he's on his third marriage.
So, he really believes in marital privacy.

524
00:31:13,955 --> 00:31:15,615
He knows a lot about it.

525
00:31:16,583 --> 00:31:19,213
The problem for Douglas is that

526
00:31:19,294 --> 00:31:22,514
nowhere in the Constitution
is this understanding

527
00:31:22,589 --> 00:31:25,879
of a right of privacy
ever actually enumerated.

528
00:31:27,135 --> 00:31:30,095
Douglas begins to sort of
think about this idea

529
00:31:30,179 --> 00:31:35,059
and notes that the concept of privacy
has to be part of the Constitution

530
00:31:35,143 --> 00:31:38,813
or else these other Constitutional rights
don't make sense.

531
00:31:38,897 --> 00:31:42,817
The Third Amendment, which prohibits
the quartering of soldiers in the home,

532
00:31:42,901 --> 00:31:46,651
that doesn't make any sense
unless you have some expectation

533
00:31:46,738 --> 00:31:50,198
that individuals have privacy
in their homes.

534
00:31:51,117 --> 00:31:55,457
So, the Supreme Court
connects the right to privacy

535
00:31:55,538 --> 00:31:58,208
to Fourteen's Due Process Clause.

536
00:31:58,291 --> 00:32:01,961
Now that's a big deal because
that's what Women's Rights advocates

537
00:32:02,045 --> 00:32:05,165
have been fighting for
and will continue fighting for.

538
00:32:05,757 --> 00:32:11,007
And this new idea of privacy
is about to be applied in a whole new way.

539
00:32:18,728 --> 00:32:19,978
[gavel bangs]

540
00:32:20,521 --> 00:32:26,151
[man] First in number 70-18,
Roe against Wade.

541
00:32:26,235 --> 00:32:27,315
[gavel bangs]

542
00:32:27,403 --> 00:32:29,663
[Murray] Norma Jean McCorvey.

543
00:32:29,739 --> 00:32:31,569
She goes to a doctor to get an abortion,

544
00:32:31,658 --> 00:32:33,948
and he says she can't
get an abortion in Texas.

545
00:32:34,035 --> 00:32:35,825
It's against the law. It's a crime.

546
00:32:36,829 --> 00:32:39,079
[Tetrault] She gets a lawyer
who takes up her case

547
00:32:39,165 --> 00:32:42,535
and sues the State of Texas
for violating her right to privacy,

548
00:32:42,627 --> 00:32:44,547
founded on the 14th Amendment.

549
00:32:45,755 --> 00:32:47,665
[woman] The Court has in the past said

550
00:32:47,757 --> 00:32:49,967
if the right of privacy
is to mean anything

551
00:32:50,051 --> 00:32:54,061
it is the right of the individual
to make determinations for themselves.

552
00:32:54,555 --> 00:32:57,425
Jane Roe's contention was that
a woman has a right to an abortion

553
00:32:57,517 --> 00:32:59,517
throughout the duration of her pregnancy.

554
00:32:59,602 --> 00:33:02,062
[Gersen] The Supreme Court saw
there's a conflict

555
00:33:02,146 --> 00:33:06,146
between the woman's interests
in controlling reproductive decisions

556
00:33:06,234 --> 00:33:08,654
and the interests of a fetus.

557
00:33:08,736 --> 00:33:11,486
And, of course,
the fetus cannot assert its own,

558
00:33:11,572 --> 00:33:15,452
so the State is looking out for it
on its behalf.

559
00:33:16,327 --> 00:33:19,827
[woman] We do not ask this court
to rule that abortion is good.

560
00:33:19,914 --> 00:33:22,464
We are here to advocate that the decision

561
00:33:22,542 --> 00:33:25,002
as to whether or not a particular woman

562
00:33:25,086 --> 00:33:28,166
will continue to carry
or will terminate a pregnancy

563
00:33:28,256 --> 00:33:31,836
is a decision that should
be made by that individual.

564
00:33:32,885 --> 00:33:34,925
Good evening. In a landmark ruling,

565
00:33:35,013 --> 00:33:38,223
the Supreme Court today
legalized abortions.

566
00:33:38,307 --> 00:33:41,387
The majority said that the decision
to end a pregnancy

567
00:33:41,477 --> 00:33:44,727
belongs to the woman and her doctor,
not the government.

568
00:33:48,109 --> 00:33:52,279
[Gersen] The idea of Liberty is paramount.

569
00:33:54,032 --> 00:33:56,452
It's not that if you
take the 14th Amendment,

570
00:33:56,534 --> 00:33:59,834
it's so obvious that it would
include the right to an abortion.

571
00:33:59,912 --> 00:34:03,582
It's that it becomes an unfolding process.

572
00:34:03,666 --> 00:34:07,796
The logic of privacy
that was first announced in Griswold

573
00:34:07,879 --> 00:34:09,379
gets extended.

574
00:34:09,464 --> 00:34:13,474
And the Supreme Court will basically say,
"I don't know when life begins."

575
00:34:13,551 --> 00:34:15,801
The Court says, no one can figure it out.

576
00:34:15,887 --> 00:34:18,637
So, what the Court essentially says is,

577
00:34:18,723 --> 00:34:21,983
"We'll give you the right to privacy
for the early part of pregnancy.

578
00:34:22,060 --> 00:34:23,520
You control your body then,

579
00:34:23,603 --> 00:34:25,483
but for the later part of the pregnancy,

580
00:34:25,563 --> 00:34:28,733
the State gets to come in,
control your body if they so choose."

581
00:34:31,360 --> 00:34:34,530
[Gersen] And so you go from
contraceptives for married couples

582
00:34:35,740 --> 00:34:39,620
all the way to the right to choose
whether to have an abortion or not.

583
00:34:42,622 --> 00:34:46,712
Things are revealed one step at a time.

584
00:34:46,793 --> 00:34:48,673
It may not seem obvious as a path,

585
00:34:49,253 --> 00:34:52,633
but that is the process
of Constitutional law.

586
00:34:54,300 --> 00:34:56,220
It's an extraordinary event.

587
00:34:56,302 --> 00:35:00,812
And I think that January 22nd, 1973
will be an historic day.

588
00:35:00,890 --> 00:35:02,730
♪ When I was your girl ♪

589
00:35:03,559 --> 00:35:06,399
♪ Promised if I'd be your wife… ♪

590
00:35:06,479 --> 00:35:11,399
[Murray] The combination of access
to contraception and access to abortion

591
00:35:11,484 --> 00:35:13,244
transforms women's lives.

592
00:35:15,530 --> 00:35:18,830
In the period after Griswold and Roe,

593
00:35:18,908 --> 00:35:21,408
women begin completing college
in higher numbers,

594
00:35:21,494 --> 00:35:24,294
going to professional
and graduate school in higher numbers,

595
00:35:24,372 --> 00:35:26,582
and entering the workforce
in higher numbers.

596
00:35:26,666 --> 00:35:28,836
♪ While you had all your fun ♪

597
00:35:29,627 --> 00:35:32,547
♪ And every year that's gone by ♪

598
00:35:32,630 --> 00:35:34,920
♪ Another baby's come… ♪

599
00:35:35,883 --> 00:35:39,053
Control over reproduction
is absolutely essential

600
00:35:39,137 --> 00:35:43,017
to women participating
in the economic life of the nation

601
00:35:43,099 --> 00:35:44,059
as equal citizens.

602
00:35:45,101 --> 00:35:47,601
♪ 'Cause now I've got the pill ♪

603
00:35:48,229 --> 00:35:50,689
Wow, so we've gone from the government

604
00:35:50,773 --> 00:35:53,733
controlling every aspect of a woman's life

605
00:35:53,818 --> 00:35:57,108
to the government starting
to protect a woman's freedom.

606
00:35:57,780 --> 00:36:01,950
But are these gains being felt the same
by all women?

607
00:36:02,034 --> 00:36:07,624
Black women were not supposed to protest
and march with the white women.

608
00:36:07,707 --> 00:36:12,497
["All I Got"
by Bravo & Carneyval playing]

609
00:36:14,630 --> 00:36:19,390
Or if you do march with us, you've
got to march in the back of the line.

610
00:36:21,637 --> 00:36:25,467
[Murray] The Suffragist movement
is prioritizing the question of gender,

611
00:36:25,558 --> 00:36:28,188
not really seeing the race question
as clearly

612
00:36:28,269 --> 00:36:32,519
and not really willing
to bring these two concerns together.

613
00:36:34,400 --> 00:36:37,700
[woman] "We'll get to your issue later.
We'll get there eventually."

614
00:36:37,778 --> 00:36:40,278
"If you let us win on our thing
we'll get to yours,

615
00:36:40,364 --> 00:36:42,454
because your thing gets in the way."

616
00:36:42,533 --> 00:36:44,913
"It's taking too much time.
It's not efficient."

617
00:36:44,994 --> 00:36:48,374
"We'll never get there if we keep thinking
about all your problems."

618
00:36:49,332 --> 00:36:52,082
Black women are
living at the intersection,

619
00:36:52,168 --> 00:36:53,708
as we like to say,

620
00:36:53,794 --> 00:36:58,424
of the problem of sex
and the problem of race.

621
00:36:58,507 --> 00:37:01,547
Intersectionality is a concept
that is not new,

622
00:37:01,636 --> 00:37:05,466
but the framing of it was given to us
by a Black legal scholar

623
00:37:05,556 --> 00:37:06,966
named Kimberlé Crenshaw.

624
00:37:09,227 --> 00:37:10,727
I don't think it's an accident

625
00:37:10,811 --> 00:37:13,521
that a lot of people are just
becoming familiar with it

626
00:37:13,606 --> 00:37:15,436
because it was created by a Black woman.

627
00:37:15,524 --> 00:37:21,614
Intersectionality came immediately
from a case that I read many years ago

628
00:37:21,697 --> 00:37:26,037
when African American women
were trying to bring a lawsuit

629
00:37:26,118 --> 00:37:28,868
claiming employment discrimination,

630
00:37:28,955 --> 00:37:34,035
and their argument was repudiated
by the court that heard the claim

631
00:37:34,126 --> 00:37:38,626
because African American men
were hired and promoted

632
00:37:38,714 --> 00:37:41,474
and white women were hired and promoted.

633
00:37:41,550 --> 00:37:44,260
So the court said they can't prove
race discrimination

634
00:37:44,345 --> 00:37:49,475
because the company did do okay
by Black people, it's just men.

635
00:37:49,558 --> 00:37:52,398
And they can't prove gender discrimination

636
00:37:52,478 --> 00:37:56,568
because the company did hire
and promote women, albeit white.

637
00:37:56,649 --> 00:38:01,739
So, the problem was that Black women
couldn't make a claim on their own

638
00:38:01,821 --> 00:38:07,621
in part because the court didn't see that
the interaction of racism and sexism

639
00:38:07,702 --> 00:38:12,212
many times creates a different experience
for Black women.

640
00:38:12,999 --> 00:38:17,299
And it's not just that my oppression
is double, it's not just times two.

641
00:38:17,378 --> 00:38:19,458
It is actually that at that intersection,

642
00:38:19,547 --> 00:38:22,877
there are certain stereotypes, tropes,
and difficulties

643
00:38:22,967 --> 00:38:24,797
that Black women uniquely face.

644
00:38:25,928 --> 00:38:28,218
When Serena is passionate
at a tennis match

645
00:38:28,306 --> 00:38:31,266
or Michelle Obama is passionate
while she's giving a speech,

646
00:38:31,350 --> 00:38:33,060
we're called "angry Black woman."

647
00:38:33,936 --> 00:38:37,976
People who have two or more
oppressed identities--

648
00:38:38,482 --> 00:38:42,402
indigenous women have
and that API women have,

649
00:38:42,486 --> 00:38:44,236
and that Latinas have--

650
00:38:44,947 --> 00:38:48,157
do not just experience
the sum of their oppression,

651
00:38:48,242 --> 00:38:50,702
but they experience
different kinds of oppression.

652
00:38:50,786 --> 00:38:54,286
If you've got someone who's got
even more than two of those identities,

653
00:38:54,373 --> 00:38:56,673
a trans woman of color, for example,

654
00:38:56,751 --> 00:38:59,421
the multiple systems
are intersecting in her life

655
00:38:59,503 --> 00:39:02,133
to create a unique brand of oppression.

656
00:39:03,341 --> 00:39:06,841
[Pauli Murray] I personally have
two problems,

657
00:39:06,927 --> 00:39:09,557
that is, two problems which are built in.

658
00:39:10,181 --> 00:39:13,021
I must always be concerned,
not theoretically,

659
00:39:13,100 --> 00:39:14,940
but I must be involved with

660
00:39:15,019 --> 00:39:20,689
and necessarily concerned
with racial liberation,

661
00:39:20,775 --> 00:39:26,275
but I must also personally be
concerned with sexual liberation

662
00:39:26,364 --> 00:39:29,834
because the two, as I often say,
the two meet in me.

663
00:39:29,909 --> 00:39:32,199
The two meet in any individual

664
00:39:32,286 --> 00:39:35,616
who is both woman and a member
of an oppressed group

665
00:39:35,706 --> 00:39:36,956
or a minority group.

666
00:39:38,209 --> 00:39:41,249
[woman] Pauli Murray is the epitome
of intersectionality.

667
00:39:41,337 --> 00:39:45,927
She recognized that Black women
face racial discrimination like Black men

668
00:39:46,008 --> 00:39:48,338
and gender discrimination
like white women.

669
00:39:48,427 --> 00:39:50,257
She fought for rights of Black women

670
00:39:50,346 --> 00:39:53,386
at a time when the world didn't
see Black women

671
00:39:53,474 --> 00:39:57,064
and struggled with her own gender identity
and sexual orientation.

672
00:39:57,853 --> 00:40:02,573
Much of her adult life, Murray sought,
but was denied, testosterone treatment,

673
00:40:02,650 --> 00:40:04,530
questioning if she was, quote,

674
00:40:04,610 --> 00:40:08,820
"One of Nature's experiments, a girl
who should have been a boy," unquote.

675
00:40:08,906 --> 00:40:11,736
Pauli realized
that race and sex discrimination

676
00:40:11,826 --> 00:40:13,696
are legally the same,

677
00:40:13,786 --> 00:40:17,666
that they both violate
Fourteen's Equal Protection Clause.

678
00:40:18,582 --> 00:40:20,332
We're all more alike than we think.

679
00:40:21,836 --> 00:40:25,166
We see you, Pauli Murray. We see you.

680
00:40:32,721 --> 00:40:36,431
["Wonder Woman"
by Lion Babe playing]

681
00:40:40,563 --> 00:40:44,733
[Gersen] So you get this Women's Rights
movement that explodes onto the scene.

682
00:40:45,359 --> 00:40:48,279
And there are all kinds of
African American women

683
00:40:48,362 --> 00:40:52,492
and Chicana women and Asian-American women
and Indigenous women

684
00:40:52,575 --> 00:40:55,405
who are within
different civil rights organizations

685
00:40:55,494 --> 00:40:57,624
pressing for gender to come to the fore

686
00:40:57,705 --> 00:41:01,575
as a significant feature
of that civil rights activism.

687
00:41:02,084 --> 00:41:05,594
It feels like something very exciting
is happening.

688
00:41:07,673 --> 00:41:10,303
[Northup] The stereotypes that
have kept women

689
00:41:10,384 --> 00:41:14,014
in the domestic sphere,
out of public life,

690
00:41:14,096 --> 00:41:15,756
women are pushing against that.

691
00:41:15,848 --> 00:41:19,228
You can be somebody's wife,
somebody's mother, somebody's lover.

692
00:41:19,310 --> 00:41:21,940
You can be somebody's anything,
but you can't be somebody.

693
00:41:23,314 --> 00:41:26,864
We want to have control over our own
bodies and our own destinies.

694
00:41:28,527 --> 00:41:31,317
[Murray] There's this movement
around the United States

695
00:41:31,405 --> 00:41:35,195
that rises up as this
second-wave feminism.

696
00:41:36,702 --> 00:41:40,582
[woman] And Black, Raza, Asian-American,
and Native American women

697
00:41:40,664 --> 00:41:43,044
that feel we have the most reason
to oppose these laws

698
00:41:43,125 --> 00:41:44,335
and have them wiped out.

699
00:41:45,252 --> 00:41:48,382
[Tetrault] We cannot devolve
into this argument about priority,

700
00:41:48,464 --> 00:41:50,764
and we need to fight
for all of these things,

701
00:41:50,841 --> 00:41:52,381
not some of these things.

702
00:41:52,468 --> 00:41:55,888
In the '70s, as the Women's Movement
amps up,

703
00:41:55,971 --> 00:42:01,521
it begins telling a story about an America
where all men and women are equal.

704
00:42:02,228 --> 00:42:06,108
And even though women have
made some gains under Fourteen,

705
00:42:06,190 --> 00:42:10,860
the strongest way to affirm that story
is by ratifying a new amendment

706
00:42:10,945 --> 00:42:15,155
that will officially put gender equality
in the Constitution.

707
00:42:15,241 --> 00:42:17,621
The problem is that there's never been

708
00:42:17,701 --> 00:42:21,371
a fundamental commitment
to gender equality

709
00:42:21,455 --> 00:42:23,415
written into the Constitution.

710
00:42:23,499 --> 00:42:27,629
We're kind of stepchildren
of the 14th Amendment.

711
00:42:27,711 --> 00:42:30,761
So what we need is our own house.

712
00:42:36,595 --> 00:42:38,055
[woman] We hope that this,

713
00:42:38,138 --> 00:42:41,058
the 50th anniversary
of the winning of the vote,

714
00:42:41,141 --> 00:42:44,311
will mark the end
of the whole long campaign

715
00:42:44,395 --> 00:42:48,935
for the emancipation of women
by action of the government.

716
00:42:49,024 --> 00:42:52,324
We now have 10 million women

717
00:42:52,403 --> 00:42:54,953
backing this particular measure
before Congress.

718
00:42:55,990 --> 00:42:59,830
That's ten million women
who've united through their organizations.

719
00:42:59,910 --> 00:43:03,210
[reporter] The National Woman's Party
lobbies for the 26th Amendment

720
00:43:03,289 --> 00:43:06,329
to guarantee women equal rights
under the law.

721
00:43:06,417 --> 00:43:12,047
That Amendment would make women people
in a legal sense for the first time.

722
00:43:14,425 --> 00:43:16,295
[Crenshaw] We need our own Amendment.

723
00:43:16,385 --> 00:43:20,675
We need a moment in which society
comes together again,

724
00:43:21,265 --> 00:43:25,595
like they did, presumably,
during the 14th Amendment to say,

725
00:43:25,686 --> 00:43:28,646
"We have wrongly excluded women

726
00:43:28,731 --> 00:43:31,231
from the protections
of equal citizenship."

727
00:43:31,859 --> 00:43:36,029
"It is contrary to the deepest commitments

728
00:43:36,113 --> 00:43:39,163
of American citizenship
and we need to fix it."

729
00:43:39,241 --> 00:43:42,081
♪ It don't make no difference ♪

730
00:43:42,161 --> 00:43:45,911
♪ What you say about it ♪

731
00:43:45,998 --> 00:43:46,998
♪ No, no ♪

732
00:43:47,583 --> 00:43:51,003
This is the time that we will
make women and men

733
00:43:51,086 --> 00:43:53,916
share equally in the greatness of America.

734
00:43:54,590 --> 00:43:56,800
[Murray] It takes as a starting point

735
00:43:56,884 --> 00:44:00,434
much of the language
of the 14th Amendment,

736
00:44:00,512 --> 00:44:02,932
but reads it through the lens
of women's equality

737
00:44:03,015 --> 00:44:07,225
and sort of reiterates that women
are equal in the law.

738
00:44:07,311 --> 00:44:11,231
So, kind of updating the racial frame
of the 14th Amendment

739
00:44:11,315 --> 00:44:13,855
and making it applicable to women.

740
00:44:14,777 --> 00:44:17,857
[Northup] The Equal Rights Amendment
gets ratified by Congress

741
00:44:17,946 --> 00:44:22,196
and sent to the states
for three-fourths of the states to adopt,

742
00:44:22,284 --> 00:44:24,874
which is what's necessary
to amend the Constitution.

743
00:44:24,953 --> 00:44:26,713
[reporter] 23 three states have so far

744
00:44:26,789 --> 00:44:29,749
ratified the Equal Rights Amendment
to the Constitution.

745
00:44:29,833 --> 00:44:33,253
Thirty-eight states
must ratify it before it becomes law.

746
00:44:34,254 --> 00:44:39,554
[Crenshaw] And so, the ERA,
it moves across the country.

747
00:44:39,635 --> 00:44:41,465
Women organize.

748
00:44:41,553 --> 00:44:43,973
Fear must not deter us now.

749
00:44:44,598 --> 00:44:49,188
For the Equal Rights Amendment
represents the highest American ideal:

750
00:44:49,269 --> 00:44:53,109
recognition of the value
of each individual.

751
00:44:54,108 --> 00:44:56,988
Each woman, as well as each man.

752
00:45:04,451 --> 00:45:06,581
The Equal Rights for Women Amendment

753
00:45:06,662 --> 00:45:10,422
came two steps closer to becoming
part of the Constitution today.

754
00:45:10,499 --> 00:45:13,459
It was ratified by Oregon
and by Minnesota.

755
00:45:13,544 --> 00:45:14,924
The Amendment has been passed…

756
00:45:15,003 --> 00:45:18,303
Guess what? It's going pretty well.

757
00:45:18,382 --> 00:45:21,592
The Maine legislature today
approved the Equal Rights Amendment.

758
00:45:21,677 --> 00:45:23,967
The Amendment will become
part of the Constitution

759
00:45:24,054 --> 00:45:25,814
if seven more states ratify it.

760
00:45:25,889 --> 00:45:28,639
And then we get to the last few states…

761
00:45:29,226 --> 00:45:31,596
and the backlash.

762
00:45:31,687 --> 00:45:34,357
Let me remind you what happened to Adam

763
00:45:34,440 --> 00:45:38,110
when he let Eve talk him
into biting the apple.

764
00:45:38,193 --> 00:45:40,403
We've got a damn good country
and good state.

765
00:45:40,904 --> 00:45:44,034
What's wrong about it?
Why do we always have to correct things?

766
00:45:44,116 --> 00:45:46,906
I have a 16-year-old daughter
sitting back here.

767
00:45:46,994 --> 00:45:48,584
I don't want her drafted.

768
00:45:48,662 --> 00:45:51,212
As the ERA picks up steam,

769
00:45:51,290 --> 00:45:54,960
opponents start telling a different story
about women's equality,

770
00:45:55,627 --> 00:45:58,167
one that resonates
with a lot of Americans.

771
00:45:58,964 --> 00:46:00,514
And the most effective part?

772
00:46:01,300 --> 00:46:04,430
This new story
isn't just being told by men.

773
00:46:05,095 --> 00:46:06,715
It's being told by women, too.

774
00:46:07,264 --> 00:46:13,564
And it's a backlash that's led,
at least superficially, by a woman.

775
00:46:14,146 --> 00:46:16,476
We do not treat people equally,

776
00:46:16,565 --> 00:46:20,525
and it would be grievously unfair
to treat them equally.

777
00:46:22,154 --> 00:46:24,574
[reporter 1] Leading the fight
against the Amendment

778
00:46:24,656 --> 00:46:28,116
is Illinois housewife, mother of six,
Phyllis Schlafly.

779
00:46:28,202 --> 00:46:30,622
[reporter 2]
Phyllis Schlafly of Alton, Illinois.

780
00:46:32,080 --> 00:46:34,830
Phyllish-- Phyllis Schl-- [chuckles]

781
00:46:34,917 --> 00:46:37,587
Phyllis Schlafly. Phyllis Schla--

782
00:46:37,669 --> 00:46:39,669
Forget it. [chuckles]

783
00:46:39,755 --> 00:46:41,875
I'll just say Mean Phyllis! [laughs]

784
00:46:41,965 --> 00:46:45,635
Laws of our country have given
a wonderful status to the married woman.

785
00:46:45,719 --> 00:46:49,639
For example, she has the legal right
to be supported by her husband.

786
00:46:49,723 --> 00:46:52,813
Phyllis Schlafly seems to have
channeled decades and centuries

787
00:46:52,893 --> 00:46:55,853
of the idea that women were better off
protected than equal.

788
00:46:55,938 --> 00:47:00,148
American women are the most fortunate
class of people who ever lived.

789
00:47:00,234 --> 00:47:01,614
They can get married

790
00:47:01,693 --> 00:47:04,613
with the state law saying the husband
should support his wife.

791
00:47:04,696 --> 00:47:08,076
ERA doesn't give women any right,
any benefit,

792
00:47:08,158 --> 00:47:10,408
any opportunity that you haven't got now.

793
00:47:11,119 --> 00:47:13,619
Phyllis. Um… [chuckles]

794
00:47:13,705 --> 00:47:17,245
So, in opposing the Equal Rights Amendment

795
00:47:17,334 --> 00:47:19,594
she made clear this was not
what women wanted

796
00:47:19,670 --> 00:47:21,000
not all women, certainly.

797
00:47:21,088 --> 00:47:23,048
They didn't mind gender roles.

798
00:47:23,131 --> 00:47:25,181
They were happy with their lives

799
00:47:25,259 --> 00:47:28,889
and the Equal Rights Amendment
was anti-family, anti-child,

800
00:47:28,971 --> 00:47:31,771
and anti-traditional women's roles.

801
00:47:31,849 --> 00:47:34,689
[reporter 1] Letters and calls
came mostly from older,

802
00:47:34,768 --> 00:47:37,308
middle-income, conservative women.

803
00:47:37,396 --> 00:47:40,146
[woman] I want my children
to look up to their Daddy,

804
00:47:40,232 --> 00:47:43,442
to know that he is the head of the house,
that he can protect us.

805
00:47:43,527 --> 00:47:46,697
That's what we've got him for,
why I married him, to be protected.

806
00:47:46,780 --> 00:47:49,530
[reporter 2] Many said the amendment
will make them too equal.

807
00:47:49,616 --> 00:47:50,736
They don't want that,

808
00:47:50,868 --> 00:47:54,618
and they're trying to stop ratification
in those states where the amendment

809
00:47:54,705 --> 00:47:56,575
is still before the legislatures.

810
00:47:56,665 --> 00:47:59,625
[Ronald Reagan] My own belief is that
an amendment

811
00:48:00,127 --> 00:48:05,507
could lead to women
losing discriminations that favor them

812
00:48:05,591 --> 00:48:06,681
and which are proper.

813
00:48:06,758 --> 00:48:09,598
The Republican Party withdrew its support

814
00:48:09,678 --> 00:48:12,308
in its party platform
in the 1980 elections.

815
00:48:12,389 --> 00:48:14,059
The political winds had shifted

816
00:48:14,600 --> 00:48:18,560
and at the end of the day,
it fell three states short.

817
00:48:22,774 --> 00:48:25,444
Fight for ratification
of the Equal Rights Amendment

818
00:48:25,527 --> 00:48:27,947
ended yesterday after ten years.

819
00:48:28,030 --> 00:48:32,080
Supporters of the Equal Rights Amendment
gathered across from the White House

820
00:48:32,159 --> 00:48:34,159
to mourn the demise of the amendment.

821
00:48:38,916 --> 00:48:41,706
[Schlafly] Tremendous victory
against incredible odds!

822
00:48:42,336 --> 00:48:45,086
[reporter] And what about
the future of the ERA?

823
00:48:45,797 --> 00:48:47,507
The ERA has no future.

824
00:48:54,014 --> 00:48:57,144
[Tetrault] One consequence
of the ERA failing to be ratified

825
00:48:57,225 --> 00:48:58,555
is that we have a document

826
00:48:58,644 --> 00:49:03,484
that does not argue that
male and female citizens

827
00:49:03,565 --> 00:49:05,105
must be understood as fully equal.

828
00:49:05,192 --> 00:49:07,402
[woman] Can you explain the connection

829
00:49:07,486 --> 00:49:11,196
between the abortion issue
and the Equal Rights Amendment?

830
00:49:12,324 --> 00:49:17,504
Well, first of all, the people pushing
ERA and pushing abortion

831
00:49:17,579 --> 00:49:19,749
are about 98% the same people.

832
00:49:19,831 --> 00:49:21,461
[man] I'm optimistic about America.

833
00:49:21,541 --> 00:49:24,091
May I begin by saying
that I feel that America…

834
00:49:25,504 --> 00:49:29,514
is, in these 1980s,
particularly in this decade,

835
00:49:30,592 --> 00:49:34,262
experiencing a moral
and spiritual rebirth.

836
00:49:34,346 --> 00:49:37,386
[Tetrault] By the 1980s,
things start to look pretty gloomy.

837
00:49:37,474 --> 00:49:40,984
You have the rise to power
of the new Right

838
00:49:41,061 --> 00:49:43,061
with the election of Reagan in 1980.

839
00:49:43,146 --> 00:49:45,186
There's a powerful backlash movement.

840
00:49:45,273 --> 00:49:47,993
What you get is the new Right
scoring all kinds of successes

841
00:49:48,068 --> 00:49:51,148
in terms of turning back
some of the rights

842
00:49:51,238 --> 00:49:54,028
that people had been demanding
over the '60s and '70s.

843
00:49:54,116 --> 00:49:56,366
[reporter] The issue is however
gathering momentum.

844
00:49:56,451 --> 00:49:59,961
One hundred thousand marchers
stretching half a mile across Washington,

845
00:50:00,038 --> 00:50:03,668
representing the biggest demonstration
against abortion in America.

846
00:50:03,750 --> 00:50:07,670
[Murray] The number of
abortion restrictions has proliferated

847
00:50:07,754 --> 00:50:10,724
over the last 25 years.

848
00:50:10,799 --> 00:50:14,589
In some jurisdictions, there's
a single abortion clinic remaining,

849
00:50:14,678 --> 00:50:17,178
leaving women in more rural
parts of states

850
00:50:17,264 --> 00:50:19,274
without any kind of provider.

851
00:50:19,349 --> 00:50:22,729
Many of the providers of abortion
are not just abortion providers,

852
00:50:22,811 --> 00:50:26,691
they're actually providers
of standard health care for women.

853
00:50:26,773 --> 00:50:28,693
So when an abortion clinic closes,

854
00:50:28,775 --> 00:50:31,525
it's not just the loss
of that particular service.

855
00:50:31,611 --> 00:50:33,701
It's the loss of basic health services.

856
00:50:33,780 --> 00:50:35,780
And lots of laws have been passed

857
00:50:35,866 --> 00:50:38,826
that make it difficult
for abortion providers to operate,

858
00:50:38,910 --> 00:50:40,700
more expensive for them to operate,

859
00:50:40,787 --> 00:50:46,497
and the plan is basically
to legislate it out of existence.

860
00:50:47,961 --> 00:50:50,881
I have two daughters,
and my daughters are very aware

861
00:50:50,964 --> 00:50:52,884
of the things that happen around them.

862
00:50:52,966 --> 00:50:55,506
They are politically conscious
because of the work that I do.

863
00:50:55,594 --> 00:50:58,604
And being able to try
to offer some solutions,

864
00:50:58,680 --> 00:51:01,560
offer some optimism, is something
that I have a hard time with.

865
00:51:01,641 --> 00:51:03,271
What I tell them every day is,

866
00:51:03,351 --> 00:51:05,441
"I'm gonna get up and fight every day."

867
00:51:05,520 --> 00:51:08,400
"I don't know what's gonna happen
or what the future holds,

868
00:51:08,482 --> 00:51:11,152
but I will tell you that every day,
I'll fight for you

869
00:51:11,234 --> 00:51:13,864
and every girl in these
United States of America."

870
00:51:20,702 --> 00:51:22,582
[as Ginsburg] "It is part of our history."

871
00:51:24,289 --> 00:51:28,129
"A sad part of our history,
but undeniably a part of our history

872
00:51:28,210 --> 00:51:29,590
that the 14th Amendment,

873
00:51:29,669 --> 00:51:32,879
that great amendment
that changed so much in this nation,

874
00:51:32,964 --> 00:51:35,094
was not intended
by its framers immediately

875
00:51:35,175 --> 00:51:36,885
to change the status of women."

876
00:51:37,594 --> 00:51:41,264
"It allowed a system to persist
in our country where women couldn't vote."

877
00:51:41,348 --> 00:51:42,598
"They couldn't hold office."

878
00:51:42,682 --> 00:51:45,522
"If they married, they couldn't
hold property in their own name."

879
00:51:49,481 --> 00:51:52,031
"I remain an advocate
of the Equal Rights Amendment

880
00:51:52,109 --> 00:51:53,489
for this reason."

881
00:51:53,568 --> 00:51:56,568
"I have a daughter and a granddaughter."

882
00:51:56,655 --> 00:51:58,445
"I know what the history was."

883
00:51:58,532 --> 00:52:01,702
"I would like the legislators
of this country and all the states

884
00:52:01,785 --> 00:52:04,995
to stand up and say,
'We know what that history was.'

885
00:52:06,331 --> 00:52:08,291
'We want to make a clarion announcement

886
00:52:08,375 --> 00:52:10,745
that women and men are equal
before the law.'

887
00:52:12,420 --> 00:52:16,630
"I would like to see that statement made
just that way in the US Constitution."

888
00:52:23,014 --> 00:52:26,604
One of the things we expect as Americans
is that progress is linear.

889
00:52:30,063 --> 00:52:32,823
That bad stuff falls away
and the new stuff fills in.

890
00:52:34,442 --> 00:52:36,782
I think what
the last hundred years show us

891
00:52:36,862 --> 00:52:39,202
is that fights take new frames,

892
00:52:39,781 --> 00:52:42,081
things prop up in other directions.

893
00:52:42,659 --> 00:52:45,119
Backlash comes, progress is made.

894
00:52:45,203 --> 00:52:49,583
It's a messy, ever-changing,
ever-evolving situation.

895
00:52:51,668 --> 00:52:55,548
And to me, the struggle is just as great
as it was a hundred years ago.

896
00:52:55,630 --> 00:52:57,010
It's just different.

897
00:52:58,049 --> 00:53:00,179
[Murray]
We have to stop thinking of courts

898
00:53:00,260 --> 00:53:04,010
as white knights on horses
coming to save women.

899
00:53:05,724 --> 00:53:08,314
If you care about reproductive rights,

900
00:53:08,393 --> 00:53:13,523
most restrictive abortion legislation
is coming from restrictive states.

901
00:53:13,607 --> 00:53:15,647
[woman] I had to go before a judge

902
00:53:15,734 --> 00:53:19,914
so he could decide if I was mature enough
to have an abortion.

903
00:53:19,988 --> 00:53:22,488
[person hollers]

904
00:53:23,283 --> 00:53:27,333
My right to an abortion
was up to someone else's view of me

905
00:53:27,412 --> 00:53:28,462
and my future.

906
00:53:29,122 --> 00:53:33,082
It was a long, exhausting ordeal
and even more ridiculous

907
00:53:33,168 --> 00:53:36,378
because I didn't have to do this
when I had my daughter at 15.

908
00:53:36,463 --> 00:53:41,803
[Murray] Why aren't we focusing more
on having women run at the state level?

909
00:53:41,885 --> 00:53:43,965
[chanting]

910
00:53:44,054 --> 00:53:47,974
We should be more proactive in making sure
that these kinds of restrictive laws

911
00:53:48,058 --> 00:53:50,558
never get out of state legislatures
in the first place.

912
00:53:50,644 --> 00:53:52,854
Yes means yes and no means no!

913
00:53:52,938 --> 00:53:57,068
[Murray] Me Too suggests that
what we have done as a matter of law

914
00:53:57,150 --> 00:53:59,150
has really been inadequate.

915
00:53:59,236 --> 00:54:01,526
[woman] It was never okay
not to have consent.

916
00:54:02,030 --> 00:54:05,080
But what Me Too has done
is given cover for people

917
00:54:05,158 --> 00:54:07,448
to come forward and say,
"This is not okay."

918
00:54:07,535 --> 00:54:11,745
[chanting] Stop the violence,
stop the rape!

919
00:54:11,831 --> 00:54:15,131
The Me Too Movement calls attention
to the failure of law

920
00:54:15,210 --> 00:54:18,420
and then demands solutions,
but outside of law.

921
00:54:18,505 --> 00:54:22,125
I mean, Me Too is happening
all in the realm of social media.

922
00:54:22,217 --> 00:54:24,677
It's not happening in law at all.

923
00:54:26,012 --> 00:54:30,432
[Sarsour] Why aren't men clamoring
to give women equal rights?

924
00:54:30,517 --> 00:54:34,057
Because men have also
lived in the patriarchy.

925
00:54:34,562 --> 00:54:37,612
Asking, "Can you give me
a bit of the power that you have?"

926
00:54:37,691 --> 00:54:39,821
That's what we're asking men,
and men say,

927
00:54:39,901 --> 00:54:43,361
"I don't know if I want to. I don't know
if I want to share it with you."

928
00:54:43,446 --> 00:54:45,066
"What will you do with power?"

929
00:54:45,156 --> 00:54:48,736
And I hope that I can reaffirm
and maybe reassure men

930
00:54:48,827 --> 00:54:52,617
that I promise that, when we get power,
we'll make everybody's lives better.

931
00:54:53,206 --> 00:54:59,376
-[men chanting] Her body, her choice!
-[women chanting] My body, my choice!

932
00:54:59,462 --> 00:55:03,432
[chanting continues]

933
00:55:03,508 --> 00:55:08,048
If you cannot control your body
from the skin in,

934
00:55:08,138 --> 00:55:11,388
you cannot control it from the skin out,

935
00:55:11,474 --> 00:55:13,814
you cannot control your lives.

936
00:55:13,893 --> 00:55:17,443
-This is a women's march.
-[applause]

937
00:55:17,522 --> 00:55:24,112
And this Women's March
represents the promise of feminism,

938
00:55:24,195 --> 00:55:27,735
and inclusive and intersectional feminism

939
00:55:27,824 --> 00:55:34,794
that calls upon all of us
to join the resistance to racism,

940
00:55:35,790 --> 00:55:40,090
to Islamophobia, to anti-Semitism,

941
00:55:40,670 --> 00:55:42,210
to misogyny.

942
00:55:42,297 --> 00:55:48,217
I stand here before you
unapologetically Muslim-American…

943
00:55:48,303 --> 00:55:50,723
[cheering and applause]

944
00:55:50,805 --> 00:55:54,765
…unapologetically Palestinian-American.

945
00:55:55,352 --> 00:56:01,902
If you wanna know
if you are going the right way,

946
00:56:02,734 --> 00:56:05,654
follow women of color,
sisters and brothers.

947
00:56:05,737 --> 00:56:11,277
We know where we need to go,
and we know where justice is

948
00:56:11,368 --> 00:56:13,788
because when we fight for justice,

949
00:56:13,870 --> 00:56:18,290
we fight for it for all people,
for all our communities.

950
00:56:18,375 --> 00:56:21,955
Virginia became today
the crucial 38th State

951
00:56:22,045 --> 00:56:25,585
to ratify the 1972 Equal Rights Amendment,

952
00:56:25,673 --> 00:56:28,513
which bars discrimination
on the basis of sex.

953
00:56:28,593 --> 00:56:30,683
To know that during my lifetime

954
00:56:30,762 --> 00:56:33,102
that women will be included
in the Constitution

955
00:56:33,181 --> 00:56:34,971
would be a very proud moment.

956
00:56:35,058 --> 00:56:39,398
It has been a long fight,
it's a decades-long fight for the ERA.

957
00:56:39,479 --> 00:56:42,319
And for me to know many of women,
some of them elders now

958
00:56:42,399 --> 00:56:45,819
who have fought for it and for them
to see the fruits of their labor

959
00:56:45,902 --> 00:56:49,612
would be so beautiful and inspiring.

960
00:56:49,697 --> 00:56:55,077
And it also is a gift that we're giving
to generations of women to come.

961
00:56:55,161 --> 00:56:58,291
Getting the ERA into the Constitution

962
00:56:58,373 --> 00:57:02,343
would be an incredible step forward
in our national story of equality.

963
00:57:03,169 --> 00:57:05,669
It is the natural progression of the 14th,

964
00:57:06,339 --> 00:57:11,299
because ultimately women are
asking not for control over each other,

965
00:57:11,386 --> 00:57:14,006
certainly not control over men,

966
00:57:14,681 --> 00:57:18,231
but simply control over their own lives.

967
00:57:19,978 --> 00:57:22,938
Many Americans' resistance
to women's equality

968
00:57:23,022 --> 00:57:26,692
has been in part defined
by traditional marriage roles,

969
00:57:27,235 --> 00:57:31,655
the idea that a husband will
define a woman's life for her.

970
00:57:32,365 --> 00:57:36,785
As women have gained rights, though,
our understanding of marriage has changed,

971
00:57:37,579 --> 00:57:38,959
and it keeps changing.

972
00:57:39,664 --> 00:57:44,594
The expanding definition of marriage
leads to another 14th Amendment fight,

973
00:57:45,128 --> 00:57:49,668
one that shows Fourteen can be
an even greater force for inclusion,

974
00:57:50,425 --> 00:57:51,505
even love.

975
00:57:52,010 --> 00:57:53,800
♪ Well, I run to the river ♪

976
00:57:54,637 --> 00:57:57,307
♪ It was boilin', I run to the sea ♪

977
00:57:57,891 --> 00:58:00,601
♪ It was boilin', I run to the sea ♪

978
00:58:01,102 --> 00:58:04,862
♪ It was boilin', all on that day ♪

979
00:58:04,939 --> 00:58:06,899
♪ So I ran to the Lord ♪

980
00:58:07,567 --> 00:58:10,197
♪ I said, Lord, hide me ♪

981
00:58:11,488 --> 00:58:13,488
♪ Please, hide me ♪

982
00:58:14,824 --> 00:58:17,584
♪ Please help me, all on that day ♪

983
00:58:19,412 --> 00:58:21,922
♪ He said, hide? ♪

984
00:58:23,583 --> 00:58:25,043
♪ Where were you? ♪

985
00:58:26,794 --> 00:58:29,134
♪ When you oughta have been prayin' ? ♪

986
00:58:30,757 --> 00:58:32,377
♪ I said, Lord, Lord ♪

987
00:58:33,301 --> 00:58:35,721
♪ Hear me prayin', Lord, Lord ♪

988
00:58:36,554 --> 00:58:38,854
♪ Hear me prayin', Lord, Lord ♪

989
00:58:39,807 --> 00:58:43,187
♪ Hear me prayin', all on that day ♪

990
00:58:44,479 --> 00:58:47,399
♪ Sinnerman, you oughta be prayin' ♪

991
00:58:49,359 --> 00:58:51,899
♪ Oughta be prayin', sinnerman ♪

992
00:58:52,737 --> 00:58:56,277
♪ Oughta be prayin', all on that day ♪

993
00:58:56,366 --> 00:59:00,156
-♪ Up come power  ♪
-♪ Power, Lord ♪

994
00:59:00,245 --> 00:59:03,495
-♪ Power ♪
-♪ Power, Lord ♪

995
00:59:03,581 --> 00:59:06,711
-♪ Power ♪
-♪ Power, Lord ♪

996
00:59:06,793 --> 00:59:09,843
-♪ Power ♪
-♪ Power, Lord ♪

997
00:59:09,921 --> 00:59:13,051
-♪ Power ♪
-♪ Power, Lord ♪

998
00:59:13,132 --> 00:59:16,342
-♪ Power ♪
-♪ Power, Lord ♪

999
00:59:16,427 --> 00:59:19,557
-♪ Power ♪
-♪ Power, Lord ♪

1000
00:59:19,639 --> 00:59:22,889
-♪ Power ♪
-♪ Power, Lord ♪

1001
00:59:22,976 --> 00:59:25,936
-♪ Power ♪
-♪ Power, Lord ♪

1002
00:59:26,020 --> 00:59:29,230
-♪ Power ♪
-♪ Power, Lord ♪

1003
00:59:29,315 --> 00:59:32,435
-♪ Power ♪
-♪ Power, Lord ♪

1004
00:59:32,527 --> 00:59:35,357
-♪ Power ♪
-♪ Power, Lord ♪

1005
00:59:35,446 --> 00:59:38,866
-♪ Power ♪
-♪ Power, Lord ♪

1006
00:59:38,950 --> 00:59:42,160
-♪ Hold down ♪
-♪ Power, Lord ♪

1007
00:59:42,245 --> 00:59:45,245
-♪ Hold down ♪
-♪ Power, Lord ♪

1008
00:59:45,331 --> 00:59:48,001
-♪ Kingdom ♪
-♪ Power, Lord ♪

1009
00:59:48,793 --> 00:59:51,463
-♪ Power ♪
-♪ Power, Lord ♪

1010
00:59:51,546 --> 00:59:54,796
-♪ Power ♪
-♪ Power, Lord ♪

1011
00:59:54,882 --> 00:59:57,642
-♪ Power ♪
-♪ Power, Lord ♪

1012
00:59:58,553 --> 01:00:02,023
♪ Ma-na-ma ♪

1013
01:00:02,098 --> 01:00:03,678
♪ Ma-na-ma-na ♪

1014
01:00:03,766 --> 01:00:07,556
♪ Ma-na-na-ma-na, ma-na-ma-na ♪

1015
01:00:07,645 --> 01:00:11,765
♪ Ma-na-na-ma-na ♪

1016
01:00:18,615 --> 01:00:20,325
♪ Whoa-oa ♪

1017
01:00:21,576 --> 01:00:23,366
♪ Ha-ha-ha-ha-wa ♪

1018
01:00:24,996 --> 01:00:28,036
♪ Ha-wa ♪

1019
01:00:28,958 --> 01:00:29,918
♪ Wait ♪

1020
01:00:33,796 --> 01:00:39,676
♪ Oh, Lord ♪