Doris Weatherfield, an historian, writes that state’s rights have long been used as a code for racism, and now they are being used to deny women reproductive rights like health care and privacy concerns. They are also at the front of the argument for Justice Kennedy that DOMA violates states rights. Just as the past has shown it is unconstitutional for the states to have the right to say who can marry, who can vote, and the right to legalize slavery. All of these issues for nonwhites are now protected under the Civil Rights Act and states are no longer permitted to racially discriminatory state laws.
Isn’t it right to agree that American’s who are female have the same rights as American’s who are male, yet the US has not ratified the Equal Rights Amendment. Weatherford argues that in Colonial times when state governments came about women had no rights, they could not divorce and if they were divorced the court would grant parental rights to the father automatically. In the 1850’s women were not considered as reliable witnesses, and even into the 20th century women were excluded from state supported colleges.
Weatherford argues that states rights is really just a code for “fascism, legal terrorism, and keeping victims in their place”. Can’t we just agree that legal rights belong to all American’s and legislate that reality accordingly?
Marianne