I dissent. Ruther Bader Ginsberg was a master of words. Her opinions were crafted in such a way that they held true power. Despite all of her eloquence, these two simple words resonated with me as well as women nationwide. To dissent merely means to express disagreement with the majority’s opinion. However, when Justice Ginsberg spoke, it symbolized something more than disagreement. These two words embodied her strength, her devotion to equality, and her desire to empower all women.
It is easy to look at her judicial record and understand the significance of her legacy. Her written opinions show that Justice Ginsberg dedicated her career to defeating gender discrimination and inequality. Her case record as an attorney was just as impressive. While working for the ACLU (American Civil Liberties Union), her tactics were unorthodox and, to some, counterintuitive.
Justice Ginsberg’s legal strategy made her a pioneer. An example can be found in the case Craig v. Boren (1976), where a male plaintiff argued that a state law regulating the sale of beer had discriminated against HIM based on HIS gender. Justice Ginsberg understood that there was more than one way to end gender discrimination. While a case arguing that gender was not a legitimate reason to determine at what age a person could buy beer seemed like an odd choice, Justice Ginsberg saw an opportunity. She knew cases that argued that a man had experienced any form of gender-based discrimination would also benefit women. Her innovative thinking paid off. Craig v. Boren (1976) resulted in the creation of intermediate scrutiny, thus putting gender discrimination in the national spotlight. On that day, a revolutionary precedent was created. It was one that women would use and continue to use to challenge laws that denied them equal protection.
The case of the United States v. Virginia (1996) was another one of her major victories, this time as a Supreme Court Justice. By concluding that the Virginia Military Institute’s male-only admission policy was unconstitutional, she created a pathway. Women now had access to educational opportunities that had previously been denied solely based on their gender. She famously wrote, “presumptively invalid … a law or official policy that denies to women, simply because they are women.” This decision set the stage for the challenging of other arbitrarily discriminatory laws and policies using the equal protection clause and intermediate scrutiny. Women no longer had to live in the shadows of men.
Despite not being able to sway the majority on some decisions, her dissents served as blueprints for the next generation of female leaders and activists. In fact, her dissent in Ledbetter v. Goodyear Tire & Rubber Co. (2007), stating “The court does not comprehend or is indifferent to the insidious way in which women can be victims of pay discrimination,” led to the passing of the Lily Ledbetter Fair Pay Act of 2009. Before the Act was passed, wage discrimination lawsuits could only be filed within 180 days of the initial pay disparity, thus limiting women’s ability to sue their employers over unequal pay. The Act, however, reset the 180-day statute of limitations every paycheck. Employees now had more opportunities to file wage discrimination lawsuits, therefore making it easier for women to demand equal pay and close the wage gap. The two-year battle just to reset the statute of limitations is a reminder that the fight for equality is not linear, it will not be easy, but it is worth it. As Justice Ginsberg once said, “Real change, enduring change, happens one step at a time.”
Justice Ginsberg’s court opinions and cases have provided us with a strategy to win the war for equality. Much like Justice Ginsberg faced in her lifetime, women of today, unfortunately, will experience discrimination. However, as women, we have two choices. To just let it go and avoid confrontation or to fight. Justice Ginsberg has given us the tools, a precedent if you will, to see that gender discrimination is eradicated. With her passing, she has handed us the torch to build on the progress she made during her lifetime.
Tabitha S.M. Morton, Ph.D.
Politically, socially, and economically, this is an especially trying time for women. We are faced with uncertainty about the direction the U.S. is headed and how the Supreme Court will influence it. The fear of the overturning of decisions that protect a woman’s right to privacy, and the right to govern her own body is real. As I watch the social movement happening right before my eyes, I see that these fears do not deter the young women of today. Instead, they are motivated to continue the same struggle for justice that Justice Ginsberg dedicated her life to.
Ruth Bader Ginsberg’s death is upsetting and marks the end of an era. However, it has generated the beginning of a new one. A period dominated by devoted, determined, and resilient women ready to stand up, look inequality and discrimination in the eye, and say with confidence, I dissent.
Tabitha S.M. Morton, Ph.D., is an assistant professor of political science at Prairie View A&M University.