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Ginsburg co-founded the ACLU Women's Rights Project

In 1972 Ruth Bader Ginsburg co-founded the Women's Rights Project at the American Civil Liberties Union, which joined more than 300 sex discrimination cases by 1974.

Ruth Bader Ginsburg
Ruth Bader Ginsburg · 1933–2020
Person
Ruth Bader Ginsburg
Lived
1933–2020
Field
Constitutional Law
From
American

The story

While teaching law at Rutgers in the 1960s, Ruth Bader Ginsburg discovered that she was paid less than her male colleagues and joined a successful equal pay campaign. Prompted by that experience, she began handling sex discrimination complaints referred to her by the New Jersey affiliate of the American Civil Liberties Union. She came to believe that men and women would create new traditions by their own actions if artificial barriers were removed and opportunities held open to them.

She was not the first to push the ACLU in this direction. Pauli Murray and Dorothy Kenyon, long-serving members of its board, had worked for years to put gender equality on the organisation's agenda, and in 1970 they persuaded the board to drop its opposition to the Equal Rights Amendment. Even so, as one early staff attorney later recalled, the ACLU of the early 1970s was lukewarm about women's rights, and it took Ginsburg's vision and leadership to create a dedicated project.

After her brief in Reed v. Reed persuaded the Supreme Court in 1971 to apply the Equal Protection Clause to sex discrimination, the ACLU's Women's Rights Project was born in 1972 under her leadership. The legal director, Mel Wulf, recruited Brenda Feigen, who had just helped Gloria Steinem launch Ms. magazine, as co-director. The two found an unused corner of the ACLU office and hung up a sign reading "WOMEN WORKING". Ginsburg became general counsel in 1973 and joined the ACLU board in 1974, and by then the project and related ACLU efforts had taken part in more than 300 gender discrimination cases.

The project's work ranged widely. Ginsburg argued landmark cases such as Frontiero v. Richardson and Weinberger v. Wiesenfeld, which helped establish that laws classifying people by sex must face heightened scrutiny. After the Supreme Court refused in 1976 to treat pregnancy discrimination as sex discrimination, Ginsburg and staff attorney Susan Deller Ross campaigned for a legislative fix, and Congress passed the Pregnancy Discrimination Act in 1978. The project also challenged rules that kept women off navy ships and out of police forces.

Ginsburg stayed closely involved until she became a federal judge in 1980. Antonin Scalia later called her the leading litigator for women's rights, the Thurgood Marshall of that cause. The project carried on after her, winning cases that required employer pension and insurance plans to treat women and men equally, and it remains part of the ACLU's work today.

Why it matters

The Women's Rights Project helped dismantle laws that treated men and women differently, reshaping American law on equality.

About Ruth Bader Ginsburg

U.S. Supreme Court Justice; pioneer of gender equality jurisprudence; co-founded the ACLU Women's Rights Project.

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Ruth Bader Ginsburg
1933–2020 · Constitutional Law
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Sources

Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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