Issues Before the Courts

The courts have protected students from sexual harassment in school, established the right to use contraceptives, helped women make inroads in police and fire departments around the country, and enforced women's right to equal pay. The robustness of these key legal protections in future years will turn on the balance of power on the federal courts.

Highlights

Fact Sheet | Supreme Court Preview: 2012-2013 Term

October 1, 2012

This fact sheet previews important cases affecting women in the 2012-2013 Supreme Court Term.

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Fact Sheet | Hollingsworth v. Perry and United States v. Windsor: The Supreme Court Should Presume Laws Discriminating On the Basis of Sexual Orientation are Unconstitutional

March 25, 2013

This term, the Supreme Court will decide United States v. Windsor and Hollingsworth v. Perry. Windsor challenges Section 3 of the Defense of Marriage Act (“DOMA”), which prohibits the federal government from recognizing marriages between same-sex couples, and Hollingsworth challenges the constitutionality of California’s Proposition 8, a state constitutional amendment that revoked same-sex couples’ right to marry in that state.  This fact sheet explains why Section 3 of DOMA and Proposition 8 should be subjected to heightened scrutiny under the Constitution and struck down.

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Fact Sheet | Walmart v. Dukes: New Hurdles and a Significant Step Back for Women Employees

June 11, 2012

The Supreme Court’s decision in favor of Wal-Mart in Wal-Mart Stores, Inc. v. Dukes struck a devastating blow for employees who seek to hold their employers accountable for discrimination and other violations of workplace law. While the decision does not mean the end of the road for the women of Wal-Mart, it does undermine their ability to achieve companywide change through their lawsuit. 

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Fact Sheet | The Supreme Court's Decision in Fisher v. UT Austin will be Particularly Important for Women of Color

October 3, 2012

In October 2012, the Supreme Court will hear arguments in Fisher v. University of Texas at Austin to decide whether UT Austin may consider race as a factor in admissions in addition to their race-neutral Top Ten Percent Plan.  This fact sheet explains how the Court's decisions will potentially impact on women of color.

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More Resources

Fact Sheet | Hollingsworth v. Perry and United States v. Windsor: The Supreme Court Should Presume Laws Discriminating On the Basis of Sexual Orientation are Unconstitutional

March 25, 2013

This term, the Supreme Court will decide United States v. Windsor and Hollingsworth v. Perry. Windsor challenges Section 3 of the Defense of Marriage Act (“DOMA”), which prohibits the federal government from recognizing marriages between same-sex couples, and Hollingsworth challenges the constitutionality of California’s Proposition 8, a state constitutional amendment that revoked same-sex couples’ right to marry in that state.  This fact sheet explains why Section 3 of DOMA and Proposition 8 should be subjected to heightened scrutiny under the Constitution and struck down.

 Read more...

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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Fact Sheet | Genesis Healthcare Corp. v. Symczyk: An Important Case for Low-Wage Women Workers and the Future of the Fair Labor Standards Act

November 02, 2012

In October 2012, the Center filed an Amicus brief in Genesis Healthcare Corp. v. Symczyk.  This fact sheet explains the case's importance and potential impact on low-wage women workers.

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Legal Briefs & Testimony | Amicus Brief: Genesis Healthcare Corp. v. Symczyk

October 26, 2012

Today, the Center filed a friend of the Court brief in Genesis Healthcare Corp. v. Symczyk. Read the brief and find out more about the case's potential impact.

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Fact Sheet | The Supreme Court's Decision in Fisher v. UT Austin will be Particularly Important for Women of Color

October 03, 2012

In October 2012, the Supreme Court will hear arguments in Fisher v. University of Texas at Austin to decide whether UT Austin may consider race as a factor in admissions in addition to their race-neutral Top Ten Percent Plan.  This fact sheet explains how the Court's decisions will potentially impact on women of color.

 Read more...