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Culture > News

Supreme Court Justice Ruth Bader Ginsburg: Reflecting on her Legacy

This article is written by a student writer from the Her Campus at Hawaii chapter.

On September 18, 2020, Supreme Court Justice Ruth Bader Ginsburg died from complications due to pancreatic cancer at the age of 87. She is the oldest female Supreme Court Justice and is an advocate for gender equality, women’s rights and tirelessly fought against gender discrimination. To many, Ginsburg is a feminist icon and an inspiration; she changed America for the better. Some of her accomplishments include getting men and women equal preference in estate disputes, helped to strike down a gender discrimination law in Oklahoma where the beer drinking age was set at 18 for women and 21 for men, and, in the end, made it easier for women to serve on duties. But, let’s focus on some of her more iconic accomplishments:

 

United States v. Virginia (1996): The Virginia Military Institute was an exclusive male-only institution. Here, it was argued that this policy was a violation of the Fourteenth Amendment’s Equal Protection Clause. Oyez stated, “Virginia failed to support its claim that single-sex education contributes to educational diversity because it did not show that VMI’s male-only admissions policy was created or maintained in order to further educational diversity.” The vote was 7-1.

“Women seeking and fit for a VMI-quality education cannot be offered anything less… A prime part of the history of our Constitution… is the story of the extension of constitutional rights and protections to people once ignored or excluded.” 

Olmstead v. L.C. (1999): A case about discrimination against individuals with mental disabilities living in community-based housing. This discrimination was violating Title II of The Americans with Disabilities Act. The vote was 6-3.

“Institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life. … Confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment.”

Ledbetter v. Goodyear Tire & Rubber Co. (2007): Lily Ledbetter discovered she was being paid significantly less than her male co-workers who were in the same position as her. Ledbetter was paid $3,727 a month and her male counterparts $4,286. Ledbetter sued for gender-based pay discrimination but Goodyear appealed, citing Title VII which requires discrimination complaints to be stated within 180 days of the employer’s discriminatory conduct. Here, Ginsburg wrote the dissent, and eventually, the Lilly Ledbetter Fair Pay Act was signed in 2009. 

“Congress never intended to immunize forever discriminatory pay differentials unchallenged within 180 days of their adoption… This is not the first time the Court has ordered a cramped interpretation of Title VII, incompatible with the statute’s broad remedial purpose.”

Gonzales v. Carhart (2007): In 2003, the President signed the Partial-Birth Abortion Ban Act. Partial-birth abortion is an abortion in which the death of the fetus occurs when “the entire fetal head […] or […] any part of the fetal trunk past the navel is outside the body of the mother.” Ginsburg wrote the dissent which upheld a law Congress passed that outlawed a form of late-term abortion. “The majority ruled that it was not an undue burden on abortion rights.”

“The act, and the court’s defense of it, cannot be understood as anything other than an effort to chip away at a right declared again and again by this court – and with increasing comprehension of its centrality to women’s lives.”

 

Since her death, a quote I’ve seen countless times on my Instagram is “women belong in all places where decisions are being made.” It’s clear that she was a force to be reckoned with. While Ginsburg did have her flaws, she paved the way for women who had no voice and rights. Ginsburg and her exceptional work will live on forever in America. As a woman, I challenge you to continue her legacy through your own voice; whether that means participating in protests or just standing up for yourself in your community.

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