Are women people ? – legally speaking

Are women people ? You would not think that needed to be asked or could be asked without giving offense. Unfortunately it is an important question right now.

Why is it important to ask this question when most people would think the answer so obvious? Most people would say “YES” and perhaps add a few words about my stupidity for even asking. But the reason I bring the question up is not that I doubt women are people but I do not think we need a Supreme Court justice who believes that the legal rights in our Constitution do not apply to women.

Judge Neil Gorsuch has been nominated by President Trump to succeed the late Justice Antonin Scalia on the Supreme Court. His legal philosophy is said to be very similar to that of Antonin Scalia.

Over 6 years ago, I wrote about Justice Scalia’s beliefs on women and legal rights . So I was concerned about Judge Gorsuch’s beliefs.

To summarize, I believed that the 14th Amendment granted protection of the law to all citizens. Justice Scalia did not on the grounds that the legislatures of 1868 did not think of women when they said all persons. He thought if we wanted to extend those rights to women we should pass a law or perhaps amend the Constitution. I thought it was obvious that “all persons” was inclusive since “male citizens” was used in another section of the same amendment.

Of course, both of us had a bit more to say about that. But that is the short version. If you want more details read my post of 2011 .

So I think during Judge Neil Gorsuch’s confirmation hearings he should be asked if he considers women to be people at least for purposes of the 14th Amendment and perhaps other laws where citizens or people or Americans are mentioned.

Are women people ? If Judge Gorsuch or others are not quite certain, perhaps that should be clarified in our Constitution.

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