Women & the Constitution

The Constitution provides critically important protections against sex discrimination by the government, but these protections are not absolute. We're working to advance the constitutional ideal of equal treatment for men and women.

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Legal Briefs & Testimony | NWLC Files Amicus Briefs in Hollingsworth v. Perry and United States v. Windsor

February 28, 2013

The National Women’s Law Center filed an amicus brief in Hollingsworth v. Perry and United States v. Windsor.  Hollingsworth addresses the constitutionality of Proposition 8, the California ballot measure that overturned the California Supreme Court's ruling that same-sex couples have a right to marry.  Windsor challenges the constitutionality of the provision of the Defense of Marriage Act that bars the federal government from recognizing marriages of same-sex couples. 

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Legal Briefs & Testimony | Amicus Brief: Fisher v. University of Texas at Austin

August 15, 2012

The National Women’s Law Center filed an amicus brief in Fisher v. University of Texas at Austin.  NWLC argued in support of UT Austin’s policy, explaining that racial diversity in higher education is important to women, and especially women of color, because this diversity breaks down stereotypes that feed and perpetuate inequality, including intertwined race and gender stereotypes.  Read our Amicus Brief for the case, which will go in front of the Supreme Court in late 2012.

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Fact Sheet | Women and the Constitution: An Equal Protection Timeline

November 15, 2011

 The landmark Reed v. Reed decision, 404 U.S. 71 (1971), marked the first time in history that the Supreme Court applied the Equal Protection Clause of the Fourteenth Amendment to strike down a law that discriminated against women. This timeline describes key Equal Protection Clause cases in the forty years since the Reed decision.

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Fact Sheet | Reed v. Reed at 40: A Landmark Decision

November 14, 2011

In 1971, the United States Supreme Court invalidated an Idaho law that required the selection of a man over a woman to serve as administrator of an estate when both were equally qualified.  The landmark Reed v. Reed decision, 404 U.S. 71 (1971), marked the first time in history that the Court applied the Equal Protection Clause of the Fourteenth Amendment to strike down a law that discriminated against women.

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