1. What do you suppose Justice Bradley meant by separate “spheres and woman”?
2. Which gender based distinctions are considered constitutional today?
3. Do you agree or disagree with those distinctions?
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1. Spheres and Women
While giving his Judgment, Justice Bradley seemed to have considered the ideology of separate spheres. Separate Spheres refers to the ideology that prescribes and defines distinct spheres for women as well as men. Culturally situated in North America and Europe, the concept emerged as a unique philosophy in the course of the Industrial Revolution. However, the fundamental idea of gender based distinction of spheres is an old phenomenon. The idea of distinct spheres commands that males, based principally on their biological characteristics and God’s will, dominates the public sphere. Therefore men are expected to lead in the political world, economic activities, and the law profession. On the other hand, according to the concept, a Women’s proper sphere is the private dominion of child-rearing, domestic life and housekeeping. The separate spheres concept postulates …
2. Current Gender based Distinction
Constitutionally, things are currently different as far as matters related to gender based discrimination are concerned. The 5th amendment of the U.S. constitution offers equal protection rights to all American residents. For instance, the Idaho law that favored men in matters to do with administration of children’s estate was nullified. However, not all sex-based differences are considered unconstitutional. For instance, there is Florida law that provides a higher property exemption tax to widows only and no exemption to the Widowers, for example, in Kahn v. Sheven 1974 case. The court …
3. My Opinion
Personally I totally agree with the distinctions provided in the constitution. This is due to the fact that women remains a weaker sex and hence need to be treated cautiously. For instance, tax exemption to the widow is warranted because majority of women depend on their husband for upkeep and hence things get tough when the husband dies. On the other hand, it is illogic to engage a woman, who is naturally weaker, to deal with criminals in a jail. Therefore, I support the provision forbidding women from serving in the male prisons as guards…
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