Opinion: The Constitution and women's rights

I find our country’s Constitution fascinating as, apparently, many others do, too, since it is a constant source of news, conversation, and political battles. Although created on September 17, 1787, it took several years for the Constitution to be ratified by all states. Federalists, who supported the new Constitution, wanted the document sent to the states for ratification with “congressional approbation” — approval — while Antifederalists wanted amendments added before sending it to states for ratification. Since its ratification, it has been amended 27 times which includes 20 amendments to the United States Bill of Rights and the three Reconstruction Amendments, also known as the Civil War Amendments: Amendment Thirteen, Amendment Fourteen, and Amendment Fifteen.

It’s clear that during the Constitution’s creation and during its ratification there was a lot of disagreement over the document, its content, its meaning, and how it would affect this great new nation. During the Constitution’s life, there have been many court cases including those considered landmark cases. Those who make it sound as though what the framers intended is clear and concise are trying to simplify what is a very complex document. In fact, the earliest landmark case Hylton v. US was in 1796, not long after the new document had been ratified.

My current interest in the Constitution relates to a play being performed in November from the 9th to the 18th at the Center for the Arts at Kayenta. The play titled What the Constitution Means to Me is a reflection of the now 40-something-year-old author, who as a 15-year-old girl was vying for an American Legion Oratory Contest scholarship. She was prompted to debate constitutional issues and how the Constitution related to her life. The setting for the play is the American Legion hall in Wenatchee, Washington. The main character, Heidi, is asked to speak extemporaneously on the Fourteenth Amendment, Section one, specifically, explaining how that has affected her life. For those of you who don’t remember what Section One says, here’s a refresher:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Fourteenth Amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868.

Since that time, women’s rights have been shunted aside. Efforts to amend the Constitution have faced challenges over nine decades. In fact, throughout the history of the world, laws including the Code of Hammurabi (1800 BCE), the Roman Code of Paterfamilias (circa 27 BCE), Renaissance France, and eighteenth-century England have generally neglected women’s rights and that practice came through the ages to our Constitution and the laws it has spawned. To that point, Section 2 of the Fourteenth Amendment clearly specifies “male”. Thus, it excluded females from voting.

Section 2

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male (emphasis added) inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male (emphasis added) citizens shall bear to the whole number of male (emphasis added) citizens twenty-one years of age in such State.

However, Section 1 of the Twenty-sixth Amendment did correct the “male” reference: The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.

Although the Twenty-sixth Amendment, passed in March 1971, did eliminate reference to “male”, that was done not so much in deference to women but to change the voting age because prior to that young men were not able to vote due to age but were being sent to war, which became a political issue.

In 1972 Congress finally passed the Equal Rights Amendment which recognized women’s equal rights to men, but the ERA has not been ratified by all states due to a variety of reasons. So, the protection of women’s rights continues to be stymied.

After the play’s main character, Heidi, details her knowledge of the Constitution and her family’s experience with domestic matters revealing how little protection it affords, she is joined on stage by a young student, and they debate whether the Constitution should be abolished or kept.

The play has been performed in many locations including Broadway and includes participation by the audience, which might be very interesting, to say the least. I look forward to attending the play and learning more about the Constitution and the protection it provides — or rather does not provide — for all Americans.

Lisa Rutherford is a resident of Ivins.

This article originally appeared on St. George Spectrum & Daily News: Your Turn: The Constitution and women's rights