Gender discrimination

“ Prohibition of unfair discrimination on ground of gender
8. Subject to section 6, no person may unfairly discriminate against any person on the ground of gender, including—
(a)
gender-based violence; (b)
female genital mutilation; (c)
the system of preventing women from inheriting family property; (d)
any practice, including traditional, customary or religious practice, which impairs the dignity of women and undermines equality between women and men, including the undermining of the dignity and well-being of the girl child ”

“ By prohibiting gender discrimination in places of public accommodation, the Minnesota Act protects the State's citizenry from a number of serious social and personal harms. In the context of reviewing state actions under the Equal Protection Clause, this Court has frequently noted that discrimination based on archaic and overbroad assumptions about the relative needs and capacities of the sexes forces individuals to labor under stereotypical notions that often bear no relationship to their actual abilities. ”

“ This Act makes explicit that existing Federal statutes prohibiting sex discrimination in employment (including in access to healthcare, housing, education, credit, and jury service also prohibit sexual orientation and gender identity discrimination. (15) LGBTQ people often face discrimination when seeking to rent or purchase housing, as well as in every other aspect of obtaining and maintaining housing. ”

“ We are also disturbed that violence, harassment, discrimination, exclusion, stigmatisation and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity, and that these practices undermine the integrity and dignity of those subjected to these abuses ”

“ The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.’
‘10. Everyone has inherent dignity and the right to have their dignity respected and protected.’ ”

“ Given then prevailing attitudes about the respective roles of males and females in society, it is possible that the enacting legislators did not anticipate protection of women against class-based discrimination. ”

“ Although the District Court's version of Title VII liability is improper under any of today's opinions, I think it important to stress that Title VII creates no independent cause of action for sex stereotyping. Evidence of use by decisionmakers of sex stereotypes is, of course, quite relevant to the question of discriminatory intent. The ultimate question, however, is whether discrimination caused the plaintiff's harm. ”

“ For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. ”

“ Are women persons? I scarcely believe any of our opponents will have the hardihood to say they are not. Being persons, then, women are citizens, and no State has a right to make any new law, or to enforce any old law, which shall abridge their privileges or immunities. Hence, every discrimination against women in the constitutions and laws of the several States is today null and void, precisely as is every one against negroes. ”

“ But while in theory our government recognizes the rights of all people, in practice it is far behind the Declaration of Independence and the national constitution. On what just ground is discrimination made between men and women? Why should women, more than men, be governed without their own consent? Why should women, more than men, be denied trial by a jury of their peers? ”

“ That stigmatizing injury, and the denial of equal opportunities that accompanies it, is surely felt as strongly by persons suffering discrimination on the basis of their sex as by those treated differently because of their race. ”

“ Article 63 Male and female citizens have equal rights in and fields - political, economic, cultural, social, and the family.
All acts of discrimination against women and all acts damaging women's dignity are strictly banned. ”

“ We have never held that workplace harassment, even harassment between men and women, is automatically discrimination because of sex merely because the words used have sexual content or connotations. "The critical issue, Title VII's text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed." ”

“ It does not, however, alter the standards for employer defenses. The Senate Report, for example, stated that the PDA "defines sex discrimination, as proscribed in the existing statute, to include these physiological occurrences [pregnancy, childbirth, and related medical conditions] peculiar to women; it does not change the application of Title VII to sex discrimination in any other way." ”

“ No one contends, however, that sex must be the sole cause of a decision before there is a Title VII violation. This is a separate question from whether consideration of sex must be a cause of the decision. Under the accepted approach to causation that I have discussed, sex is a cause for the employment decision whenever, either by itself or in combination with other factors it made a difference to the decision. Discrimination need not be the sole cause in order for liability to arise, but merely a necessary element of the set of factors that caused the decision, i.e., a but-for cause. ”

“ Still, it is a marvel why usage should accord woman less rights than does either Christian Science or civilization.
Our laws are not impartial, to say the least, in their discrimination as to the person, property, and parental Unfair discrimination claims of the two sexes. If the elective franchise for women will remedy the evil without encouraging difficulties of greater magnitude, let us hope it will be granted. ”

“ It is natural that evolving standards of equality come to be embodied in legislation. When that occurs, courts should look to the fact of such change as a source of guidance on evolving principles of equality. In an analysis the Court today ignores, the Court reached this very conclusion when it extended heightened scrutiny to gender classifications and drew on parallel legislative developments to support that extension:
" [Over] the past decade, Congress has itself manifested an increasing sensitivity to sex-based classifications [citing examples] . ”

“ It may be broadly described as a movement which seeks to remove all discrimination based on sex. It is a movement to secure recognition of an equality of the two sexes. The feminists variously demand that woman be recognized as the equal of man (1) biologically, (2) politically, (3) economically. ”

“ Under these circumstances, no legal guarantee of rights is worth the paper it is written on, and the women who rely upon such guarantees to protect them against prejudice and discrimination are leaning on a broken reed. They will do well to bear this in mind as they proceed with their demands for equality, and to remember that however great may be their immediate returns from the removal of their legal disabilities, they can hardly hope for security against prejudice and discrimination until their natural rights, not as women but as human beings, are finally established. ”

“ When women are denied the right to enter institutions of learning, and practice in the professions, unjust discriminations made against sex even more degrading and humiliating than were ever made against color, surely woman, too, should be protected by a civil-rights bill and a sixteenth amendment that should make her political status equal with all other citizens of the republic. ”

“ A large minority of women influenced by kindness and self-respect and all amiable qualities, do not exercise any of these iniquitous sex-privileges at all.
If an insignificant minority of women are oppressed by individual men, it is merely because, from any reason, economic or other, the woman does not for a considerable time, choose to go to the Police Courts. ”

“ The convention's underlying philosophy is that discrimination against women is incompatible with human dignity and constitutes an obstacle to the full realization of the potentialities of women; therefore, the right of women to share equally in improved conditions of life must be promoted and protected. ”

“ It is enough for the present to note that the pro-feminist prejudice exists and is transmuted into positive rules of law, and legal administration by the action of public opinion and the press, Parliament, judges and juries, and crystallised into statutory enactment by an active pro-feminist propaganda of sex-conscious women's righters. ”

“ Everyone can recall instances of discrimination against women by factories, business firms, school boards and municipalities, making it plain that women are at a disadvantage as non-voting members of the community. As a recent fact in regard to the government I would cite the order by Postmaster-General Payne that a woman employee must give up her position if she marries. ”

“ The mere statement of the case is its strongest argument, furnishing as it does a self-evident proposition. It is a disgrace to our democratic professions that there is yet a portion—ay, one half of our population, legally discrowned and outraged on account of a natural and necessary distinction of sex, which alters nothing in regard to moral obligations and duties, or to political rights and privileges, in the courts of justice and common sense. ”

“ The most curious of all concomitants of the legal subjection of men in England arise, first, that many men are not conscious of the real state of the law, and secondly, that a very loud-voiced minority of women, reinforced by sycophantic males, represent the law as being the apotheosis of unjust sex-privileges on the part of men. ”

“ Rather than resting on meaningful considerations, statutes distributing benefits and burdens between the sexes in different ways very likely reflect outmoded notions of the relative capabilities of men and women. A gender classification fails unless it is substantially related to a sufficiently important governmental interest. ”

“ One thing is certain: if discriminative laws and customs are to continue to restrict the opportunities of women and hamper them in their undertakings, it makes little difference for whose benefit those laws and customs are supposed to operate, whether for the benefit of men, of the home, of the race, or of women themselves; their effect on the mind of woman and her opportunities, will be the same. ”

“ Our modern women's righters bewail the alleged legal oppression of women by men. The facts show not that neither sex is oppressed as such, but, on the contrary, they disclose a legalised oppression of men by women. ”

“ In a leaflet issued by the “Men’s Federation for Women’s Suffrage” it is affirmed that “many laws are on the statute book which inflict injustice on Women.” We challenge this statement as an unmitigated falsehood. Its makers ought to know perfectly well that they cannot justify it. There are no laws on the statute book inflicting injustice on women as a Sex, but there are many laws inflicting injustice on men in the supposed interests of women. ”

“ These unjust discriminations will ever remain, until the source from which they spring—the political disfranchisement of woman —shall be removed. The injustice involved in denying woman the suffrage is not confined to the disfranchised sex alone, but extends to the nation as well, in that it is deprived of the excellent service which woman might render. ”

“ Legislation to apply the principle of equal pay for equal work without discrimination because of sex is a matter of simple justice. ”