“In very recent years, a new appreciation of women’s place has been generated in the United States. Activated by feminists of both sexes, courts and legislatures have begun to recognize the claim of women to full membership in the class “persons” entitled to due process guarantees of life and liberty and the equal protection of the laws. But the distance to equal opportunity for women-in the face of the pervasive social, cultural and legal roots of sex-based discrimination-remains considerable.”
The constitution has not been utilized to guarantee that women are accorded same treatment as men. The law imposes sanctions that would hinder women from being treated as persons due to social and cultural factors that deem women inferior to males. Sex-based prejudices can be deal with legally, once the constitution provides a foundation that guarantees women their liberty and unqualified protection of their rights like human beings. The constitution would rise above the provisions that encourage discrimination of women due to the biological sexes.
“As the Court of Appeals for the First Circuit said of once traditional judicial essays in this area, “the authority of those precedents…has waned with the metamorphosis of the attitudes which fed them. What was gallantry now appears Victorian condescension or even misogyny, and this cultural evolution is now reflected in the Constitution.”
Ginsburg’s argues that Oklahoma’s legislation is irrelevant and outdated because it is founded on misogyny. The legislation presumes that women are drunkards who indulge in drinking earlier than males. Ginsburg's argument surmises that the law should not be founded on stereotypes regarding various sexes' penchants. The constitution should offer equal treatment to all people regardless of the sexes and typecasts associated with their identities.
“Inherent differences” between men and women, we have come to appreciate, remain cause for celebration, but not for denigration of the members of either sex or artificial constraints on an individual’s opportunity. Sex classifications…may not be used, as they once were, to create or perpetuate the legal, social, and economic inferiority of women.”
Biological sex is a natural aspect that should not be exploited to deny a person opportunities in life. Being feminine should not be a warrant for the oppression and discrimination of women because they are human beings. All sexes should be celebrated equally and none should be deemed inferior or superior to the other.
