Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P44 pps

(a) ISSUANCE OF GUIDELINES.—Not later than 9 months after the date of enactment of this Act, the Architectural and Transpo rta- tion Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Require- ments for Accessible Design for purposes of titles II and III of this Act. (b) CONTENTS OF GUIDELINES.—The supplemental guidelines issued under subsec- tion (a) shall establish additional requirements, consistent with this Act, to ensure that build- ings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities. (c) QUALIFIED HISTORIC PROPERTIES.— (1) IN GENERAL.—The supplemental guidelines issued under subsection (a) shall include procedures and requirements for altera- tions that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards. (2) SITES ELIGIBLE FOR LISTING IN NATIONAL REGISTER.—With respect to alterations of buildings or facilities that are eligible for listing in the National Register of Historic Places under the National Historic Preservation Act (16 U.S.C. 470 et seq.), the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility Standards. (3) OTHER SITES.—With respect to altera- tions of buildings or facilities designated as historic under State or local law, the guidelines described in paragraph (1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility Standards, and shall require, at a minimum, compliance with the requirements established in 4.1.7(2) of such standards. SEC. 505. ATTORNEY’S FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual. SEC. 506. TECHNICAL ASSISTANCE. (a) PLAN FOR ASSISTANCE.— (1) I N GENERAL.—Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the Chair of the Equal Employment Opportunity Com- mission, the Secretary of Transportation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communications Commission, shall develop a plan to assist entities covered under this Act, and other Federal agencies, in understanding the responsibility of such entities and agencies under this Act. (2) PUBLICATION OF PLAN.—The Attor- ney General shall publish the plan referred to in paragraph (1) for public comment in accor- dance with subchapter II of chapter 5 of title 5, United States Code (commo nly known as the Administrative Procedure Act). (b) AGENCY AND PUB LIC ASSIS- TANCE.—The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a), including the National Council on Disability, the President’s Committee on Employment of People with Disabilities, the Small Business Administration, and the Department of Commerce. (c) IMPLEMENTATION.— (1) RENDERING ASSISTANCE.—Each Federal agency that has responsibility under paragraph (2) for implementing this Act may render technical assistance to individuals and institutions that have rights or duties under the respective title or titles for which such agency has responsibility. (2) IMPLEMENTATION OF TITLES.— (A) TITLE I.—The Equal Employment Opportunity Commission and the Attorney General shall implement the plan for assistance developed under subse ction (a), for title I. (B) TITLE II.— (i) SUBTITLE A.—The Attorney General shall implement such plan for assistance for subtitle A of title II. (ii) SUBTITLE B.—The Secr etary of Trans- portation shall implement such plan for assis- tance for subtitle B of title II. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 416 CIVIL RIGHTS PRIMARY DOCUMENTS FROM SEGREGATION TO CIVIL RIGHTS AMERICANS WITH DISABILITIES ACT OF 1990 (C) TITLE III.—The Attorney General, in coordination with the Secretary of Transporta- tion and the Chair of the Architectural Transportation Barriers Compliance Board, shall implement such plan for assistance for title III, except for section 304, the plan for assistance for which shall be implemented by the Secretary of Transportation. (D) TITLE IV.—The Chairman of the Federal Communications Commission, in co- ordination with the Attorney General, shall implement such plan for assistance for title IV. (3) TECHNICAL ASSISTANCE MANUALS.— Each Federal agency that has responsibility under paragraph (2) for implementing this Act shall, as part of its implementation responsibili- ties, ensure the availability and provision of appropriate technical assistance manuals to individuals or entities with rights or duties under this Act no later than six months after applicable final regulations are published under titles I, II, III, and IV. (d) GRANTS AND CONTRACTS.— (1) IN GENERAL.—Each Federal agency that has responsibility under subsection (c)(2) for implementing this Act may make grants or award contracts to effectuate the purposes of this section, subject to the availability of appropriations. Suc h grants and contracts may be awarded to individuals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual (including educational institutions), and associations representing individuals who have rights or duties under this Act. Contracts may be awarded to entities organized for profit, but such entities may not be the recipients or grants described in this paragraph. (2) DISSEMINATION OF INFORMA- TION.—Such grants and contracts, among other uses, may be designed to ensure wide dissemina- tion of information about the rights and duties established by this Act and to provide informa- tion and technical assistance about techniques for effective compliance with this Act. (e) FAILURE TO RECEIVE ASSIS- TANCE.—An employer, public accommoda- tion, or other entity covered under this Act shall not be excused from compliance with the requirements of this Act because of any failure to receive tech nical assistance under this section, including any failure in the develop- ment or dissemination of any technical assis- tance manual authorized by this section. SEC. 507. FEDERAL WILDERNESS AREAS. (a) STUDY.—The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individua ls with disabilities to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act (16 U.S.C. 1131 et seq.). (b) SUBMISSION OF REPORT.—Not later than 1 year after the enactment of this Act, the National Council on Disability shall submit the report required under subsection (a) to Congress. (c) SPECIFIC WILDERNESS ACCESS.— (1) IN GENERAL.—Congress reaffirms that nothing in the Wilderness Act is to be construed as prohibiting the use of a wheelchair in a wilderness area by an individual whose disabil- ity requires use of a wheelchair, and consistent with the Wilderness Act no agency is required to provide any form of special treatment or accommodation, or to construct any facilities or modify any conditions of lands within a wilderness area in order to facilitate such use. (2) DEFINITION.—For purposes of para- graph (1), the term “wheelchair” means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area. SEC. 508. TRANSVESTITES. For the purposes of this Act, the term “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite. SEC. 509. COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGISLATIVE BRANCH. (a) COVERAGE OF THE SENATE.— (1) COMMITMENT TO RULE XLII.—The Senate reaffirms its commitment to Rule XLII of the Standing Rules of the Senate which provides as follows: “No member, officer, or employee of the Senate shall, with respect to employment by the Senate or any office thereof— “(a) fail or refuse to hire an individual; GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS CIVIL RIGHTS 417 FROM SEGREGATION TO CIVIL RIGHTS AMERICANS WITH DISABILITIES ACT OF 1990 “(b) discharge an individual; or “(c) otherwise discriminate against an individual with respect to promotion, compen- sation, or terms, conditions, or privileges of employment on the basis of such individual’s race, color, religion, sex, national origin, age, or state of physical handicap.”. (2) APPLICATION TO SENATE EMPLOY- MENT.—The rights and protections provided pursuant to this Act, the Civil Righ ts Act of 1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Rehabilita- tion Act of 1973 shall apply with respect to employment by the United States Senate. (3) INVESTIGATION AND ADJUDICA- TION OF CLAIMS.—All clai ms raised by any individual with respect to Senate employment, pursuant to the Acts referred to in paragraph (2), shall be investigated and adjudicated by the Select Committee on Ethics, pursuant to S.Res. 338, 88th Congress, as amended, or such other entity as the Senate may designate. (4) RIGHTS OF EMPLOYEES.—The Com- mittee on Rules and Administration shall ensure that Senate employees are informed of their rights under the Acts referred to in paragraph (2). (5) APPLICABLE REMEDIES.—When assigning remedies to individuals found to have a valid claim under the Acts referred to in paragraph (2), the Select Committee on Ethics, or such other entity as the Senate may designate, should to the extent practicable apply the same remedies applicable to all other employees covered by the Acts referred to in paragraph (2). Such remedies shall apply exclusively. (6) MATTERS OTHER THAN EMPLOY- MENT.— (A) IN GENERAL.— The rights and protec- tions under this Act shall, subject to subpara- graph (B), apply with respect to the conduct of the Senate regarding matters other than employment. (B) REMEDIES.—The Architect of the Capitol shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to subparagraph (A). Such remedies and procedures shall apply exclusively, after approval in accordance with subparagraph (C). (C) PROPOSED REMEDIES AND PROCE- DURES.—For purposes of subparagraph (B), the Architect of the Capitol shall submit proposed remedies and procedures to the Senate Committee on Rules and Administra- tion. The remedies and procedures shall be effective upon the approval of the Committee on Rules and Administration. (7) EXERCISE OF RULEMAKING POWER.—Notwithstanding any other provi- sion of law, enforcement and adjudication of the rights and protec tions referred to in paragraph (2) and (6)(A) shall be within the exclusive jurisd iction of the United States Senate. The provisions of paragraph (1), (3), (4), (5), (6)(B) , and (6)(C) are enacted by the Senate as an exercise of the rulemaking power of the Senate, with full recognition of the right of the Senate to change its rules, in the same manner, and to the same extent, as in the case of any other rule of the Senate. (b) COVERAGE OF THE HOUSE OF REPRESENTATIVES.— (1) IN GENERAL.—Notwithstanding any other provision of this Act or of law, the purposes of this Act shall, subject to paragraphs (2) and (3), apply in their entirety to the House of Representatives. (2) EMPLOYMENT IN THE HOUSE.— (A) APPLICATION.—The rights and pro- tections under this Act shall, subject to subparagraph (B), apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House of Representatives. (B) ADMINISTRATION.— (i) IN GENERAL.— In the administration of this paragraph, the remedies and procedures made applicable pursuant to the resolution described in clause (ii) shall apply exclusively. (ii) RESOLUTION.—The resolution re- ferred to in clause (i) is House Resolution 15 of the One Hundred First Congress, as agreed to January 3, 1989, or any other provision that continues in effect the provisions of, or is a successor to, the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988). (C) EXERCISE OF RULEMAKING POWER.—The provisions of subparagraph (B) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 418 CIVIL RIGHTS PRIMARY DOCUMENTS FROM SEGREGATION TO CIVIL RIGHTS AMERICANS WITH DISABILITIES ACT OF 1990 of the right of the House to change its rules, in the same manner, and to the same extent as in the case of any other rule of the House. (3) MATTERS OTHER THAN EMPLOY- MENT.— (A) IN GENERAL.— The rights and protec- tions under this Act shall, subject to subpara- graph (B), apply with respect to the conduct of the House of Representatives regarding matters other than employment. (B) REMEDIES.—The Architect of the Capitol shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to subparagraph (A). Such remedies and procedures shall apply exclusively, after appro val in accordance with subparagraph (C). (C) APPROVAL.—For purposes of sub- paragraph (B), the Architect of the Capitol shall submit proposed remedies and procedures to the Speaker of the House of Representatives. The remedies and procedures shall be effective upon the approval of the Speaker, after consultation with the House Office Building Commission. (c) INSTRUMENTALITIES OF CON- GRESS.— (1) IN GENERAL.—The rights and protec- tions under this Act shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. (2) ESTABLISHMENT OF REMEDIES AND PROCEDURES BY INSTRUMENTALI- TIES.—The chief official of each instrumental- ity of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protec tions provided pursuant to paragraph (1). Such remedies and procedures shall apply exclusively. (3) REPORT TO CONGRESS.—The chief official of each instrumentality of the Congress shall, after establishing remedies and proc edures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures. (4) DEFINITION OF INSTRUMENTALI- TIES.—For purpose s of this section, instrumen- talities of the Congress include the following: the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the United States Botanic Garden. (5) CONSTRUCTION.—Nothing in this section shall alter the enforcement procedures for individuals with disabilities provided in the General Accounting Office Personnel Act of 1980 and regulations promulgated pursuant to that Act. SEC. 510. ILLEGAL USE OF DRUGS. (a) IN GENERAL.—For purposes of this Act, the term “individual with a disability” does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. (b) RULES OF CONSTRUCTION.—Noth- ing in subsection (a) shall be construed to exclude as an individual with a disability an individual who— (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in suc h use; (2) is participating in a supervised rehabili- tation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this Act for a covered entity to adopt or administer reason- able policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs. (c) HEALTH AND OTHER SERVICES.— Notwithstanding subsection (a) and section 511(b)(3), an individual shall not be denied health services, or services provided in connec- tion with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services. (d) DEFINITION OF ILLEGAL USE OF DRUGS.— (1) IN GENERAL.—The term “illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). Such term does not include the use of a drug GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS CIVIL RIGHTS 419 FROM SEGREGATION TO CIVIL RIGHTS AMERICANS WITH DISABILITIES ACT OF 1990 taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provi- sions of Federal law. (2) DRUGS.—The term “drug” means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act. SEC. 511. DEFINITIONS. (a) HOMOSEXUALITY AND BISEXUAL- ITY.—For purposes of the definition of “dis- ability” in section 3(2), homosexuality and bisexuality are not impairments and as such are not disabilities under this Act. (b) CERTAIN CONDITIONS.—Under this Act, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity dis- orders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs. SEC. 512. AMENDMENTS TO THE RE- HABILITATION ACT. (a) DEFINITION OF HANDICAPPED INDIVIDUAL.—Section 7(8) of the Rehabilita- tion Act of 1973 (29 U.S.C. 706(8)) is amended by redesignating subparagraph (C) as subpara- graph (D), and by inserting after subparagraph (B) the following subparagraph: “(C)(i) For purposes of title V, the term ‘individual w ith handicaps’ does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use. “(ii) Nothing in clause (i) shall be construed to exclude as an individual with handicaps an individual who— “(I) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; “(II) is participating in a supervised rehabil- itation program and is no longer engaging in such use; or “(III) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this Act for a covered entity to adopt or administer reason- able policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subclause (I) or (II) is no longer engaging in the illegal use of drugs. “(iii) Notwith standing clause (i), for pur- poses of programs and activities providing health services and services provided under titles I, II and III, an individual shall not be excluded from the benefits of such programs or activities on the basis of his or her current illegal use of drugs if he or she is otherwise entitled to such services. “(iv) For purposes of programs and activi- ties providing educational services, local educa- tional agencies may take disciplinary action pertaining to the use or possession of illegal drugs or alcohol against any handicapped student who currently is engaging in the illegal use of drugs or in the use of alcohol to the same extent that such discipl inary action is taken against nonhandicapped students. Furthermore, the due process procedures at 34 CFR 104.36 shall not apply to such disciplinary actions. “(v) For purposes of sections 503 and 504 as such sections relate to employment, the term ‘individual with handicaps’ does not include any individual who is an alcoholic whose current use of alcohol prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others.”. (b) DEFINITION OF ILLEGAL DRUGS.— Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 706) is amended by adding at the end the following new paragraph: “(22)(A) The term ‘drug’ means a con- trolled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812). “(B) The term ‘illegal use of drugs’ means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act. Such term does not include the use of a drug taken under supervision by a licensed health care profe ssional, or other uses authorized by the Controlled Substances Act or other provisions of Federal la w. ”. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 420 CIVIL RIGHTS PRIMARY DOCUMENTS FROM SEGREGATION TO CIVIL RIGHTS AMERICANS WITH DISABILITIES ACT OF 1990 (c) CONFORMING AMENDMENTS.— Section 7(8)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 706(8)(B)) is amended— (1) in the first sentence, by striking “Subject to the second sentence of this subparagraph,” and inserting “Subject to subparagraphs (C) and (D),”; and (2) by striking the second sentence. SEC. 513. ALTERNATIVE MEANS OF DISPUTE RESOLUTION. Where appropriate and to the extent autho- rized by law, the use of alternative means of dispute resolution, including settlement negotia- tions, conciliation, facilitation, mediation, fact- finding, minitrials, and arbitration, is encouraged to resolve disputes arising under this Act. SEC. 514. SEVERABILITY. Should any provision in this Act be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the Act, and such action shall not affect the enforceability of the remaining provisions of the Act. Approved July 26, 1990 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS CIVIL RIGHTS 421 FROM SEGREGATION TO CIVIL RIGHTS AMERICANS WITH DISABILITIES ACT OF 1990 Women’s Rights  SENECA FALLS DECLARATION OF SENTIMENTS  AIN'T I A WOMAN?  BRADWELL V. ILLINOIS  NATIONAL ORGANIZATION FOR WOMEN STATEMENT OF PURPOSE T he women’srightsmovementintheUnited States began in the nineteenth century when some women reformers demanded the right to vote and the same legal rights as men. The participation of women in the abolitionist movement played a crucial role in crystallizing their dissatisfaction with the lack of rights accorded to females. Some, such as LUCY STONE, saw parallels between women and slaves: both were expected to be passive, cooperative, and obedient. In addition, the legal status of both slaves and women was unequal to that of white m en. SOJOURNER TRUTH, an Af rican A merican evangelist and reformer, also recognized this c onnection and soon was speaking before women’srightsgroups, advocating the right to vote. After the CIVIL WAR ended in 1865, many of these women reformers devoted their energies to gaining women’s suffrage. SUSAN B. ANTHONY, ELIZABETH CADY STANTON, and Lucy Stone were the best-known suffrage leaders. Anthony and Stanton fought for a federal constitutional amendment granting women the right to vote, while Stone and her followers sought amend- ments in state constitutions. The NINETEENTH AMENDMENT to the U.S. Constitution, ratified in 1920, finally gave women the right to vote. During the nineteenth century, women encountered rigid cultural and legal barriers when they sought to enter business and the professions. Women who mar ried had tradi- tionally suffered a loss of legal status, as the identity of the wife merged into that of the husband. He was a legal person but she was not. A married woman could not sign a contract without the signature of her husband. Upon marriage, he received all her personal property and managed all property that she owned. In return, the husband was obliged to support his wife and children. By the 1850s women’s rights supporters had convinced many state legisla- tures to pass married women’s separate prop- erty acts. These acts gave women the legal right to retain ownership and control of property they brought into the marriage. Women also had difficulty entering the professions, because the cultural stereotypes of the period dictated that the proper role of an adult woman was to be a wife and mother. According to the prevailing viewpoint, the rough-and-tumble world of business and the professions was no place for women, who had more delicate natures than men. In addition, the male-dominated world believed women to be intellectually inferior and fundamentally incapable of handling the demands of white- collar jobs and the professions. This view was reinforced by the decision in Bradwell v. Illinois, 83 U.S. 130, 21 L. Ed. 442 (1872 ), when the U.S. Supreme Court ruled that it was not uncons ti- tutional for Illinois to deny a woman a license to practice law solely on the basis of her gender. The quest for women’srightsreignitedinthe 1960s, fueled by the participation of women in the civil rights movement. Just as in the nineteenth century, women compared their legal, econo mic, and social status with that of persons of color and found similar problems. The National Organiza- tion for Women was established in 1966. It quickly became the nation’slargestandmost 422 CIVIL RIGHTS influential feminist organization, b ut in the process it stimulated opponents of modern feminism to organize as well. Reproductive right s became a key issue for women in the 1960s. At that time the distribution of birth control devices and information was illegal in many states. In GRISWOLD V. CONNECTICUT, 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d 510 (1965), the Supreme Court struck down a Connecticut law that made the sale and posses- sion of birth contro l devices a misdemeanor. More importantly, the Court declared that the Constitution contained a right to privacy. In Eisenstadt v. Baird, 405 U.S. 438, 92 S. Ct. 1029, 31 L. Ed. 2d 349 (1972), the Court established that the right of privacy is an individual right and is not limited to married couples. The Griswold and Eisenstadt decisions paved the way for ROE V. WADE, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), which struck down a Texas law that banned abortions. Justice HARRY A. BLACKMUN concluded that the right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” The Roe decision provided women with the right to continue or terminate a pregnancy, at least up to the point of viability. By the 1980s, however, a more conservative Supreme Court began upholding state laws that placed restrictions on this right. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS CIVIL RIGHTS 423 Women’s Rights Seneca Falls Declaration of Sentiments T he feminist political movement began in the nineteenth century with the call for female suffrage. At a convention in Seneca Falls, New York, in July 1848, a group of 240 people (200 women and 40 men) drafted and approved the Declaration of Sentiments. Among those present was FREDERICK DOUGLASS, a former slave who was now an abolitionist leader. The convention was organized by Lucretia Mott and ELIZABETH CADY STANTON, two Quakers whose concern for women’s rights was aroused when Mott was denied a seat at an international antislavery meeting in London because she was a woman. The delegates adopted a statement of women’s rights, deliberately modeled on the Declaration of Independence, as well as a series of resolutions calling for women’s suffrage and the reform of marital and property laws that kept women in an inferior status. k Seneca Falls Declaration of Sentiments When, in the course of human events, it becomes necessary for one portion of the family of man to assume among the people of the earth a position different from that which they have hitherto occupied, but one to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes that impel them to such a course. We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creat or with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted, deriving their just powers from the consent of the governed. Whenever any form of govern- ment becomes destructive of these ends, it is the right of those who suffer from it to refuse allegiance to it, and to insist upon the institu- tion of a new government, laying its foundation on such principles, and or ganizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they were accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of the women under this government, and such is now the necessity which constrains them to demand the equal station to which they are entitled. The h istory of mankin d is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her. To prove this, let facts be submitte d to a candid world. He has never permitted her to exercise her inalienable right to the elective franchise. 424 CIVIL RIGHTS He has compelled her to submit to laws, in the formation of which she had no voice. He has withheld from her rights which are given to the most ignorant and degraded men— both natives and foreigners. Having deprived her of this first right of a citizen, the elective franchise, thereby leaving her without representation in the halls of legislation, he has oppressed her on all sides. He has made her, if married, in the eye of the law, civilly dead. He has taken from her all right in property, even to the wages she earns. He has made her, morally, an irresponsible being, as she can commit many crimes with impunity, provided they be done in the presence of her husband. In the covenant of marriage, she is compelled to promise obedi - ence to her husband, he becoming, to all intents and purposes, her master—the law giving him power to deprive her of her liberty, and to administer chastisement. He has so framed the laws of divorce, as to what shall be the proper causes, and in case of separation, to whom the guardianship of the children shall be given, as to be wholly regardless of the happiness of women—the law, in all cases, going upon a false supposition of the supremacy of man, and giving all power into his hands. After depriving her of all rights as a married woman, if single, and the owner of property, he has taxed her to support a government which recognizes her only when her property can be made profitable to it. He has monopolized nearly all the profitable employments, and from those she is permitted to follow, she receives but a scanty remunera- tion. He closes against her all the avenues to wealth and distinction which he considers most honorable to himself. As a teacher of theology, medicine, or law, she is not known. He has denied her the facilities for obtainin g a thorough education, all colleges being closed against her. He allows her in Church, as well as State, but a subordinate position, claiming Apostolic authority for her exclusion from the ministry, and, with some exceptions, from any public participation in the affairs of the Church. He has created a false public sentiment by giving to the world a different code of morals for men and women, by which moral delin- quencies which exclude women from society, are not only tolerated, but deemed of little account in man. He has usurped the prerogative of Jehovah himself, claiming it as his right to assign for her a sphere of action, when that belongs to her conscience and to her God. He has endeavored, in every way that he could, to destroy her confidence in her own powers, to lessen her self-respect, and to make her willing to lead a dependent and abject life. Now, in view of this entire disfranchisement of one-half the people of this country, their social and religious degradation—in view of the unjust laws above mentioned, and because women do feel themselves aggrieved, oppressed, and fraudulently deprived of their most sacred rights, we insist that they have immediate admission to all the rights and privileges which belong to them as citizens of the United States. In entering upon the great work before us, we anticipate no small amount of misconcep- tion, misrepresentation, and ridicule; but we shall use every instrumentality within our power to effect our object. We shall employ agents, circulate tracts, petition the State and National legislatures, and endeavor to enlist the pu lpit and the press in our behalf. We hope this Convention will be followed by a series of Conventions embracing every part of the country. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS CIVIL RIGHTS 425 WOMEN’S RIGHTS SENECA FALLS DECLARATION OF SENTIMENTS . for subtitle A of title II. (ii) SUBTITLE B.—The Secr etary of Trans- portation shall implement such plan for assis- tance for subtitle B of title II. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 416. the Senate or any office thereof— “(a) fail or refuse to hire an individual; GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS CIVIL RIGHTS 417 FROM SEGREGATION TO CIVIL RIGHTS AMERICANS. rulemaking power of the House of Representatives, with full recognition GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 418 CIVIL RIGHTS PRIMARY DOCUMENTS FROM SEGREGATION TO CIVIL RIGHTS AMERICANS