Key Terms
CHATTEL
Movable property; in slavery, persons treated as personal property bought and sold as commodities.
COVERTURE
Legal doctrine under which a married woman's legal rights merged into her husband's; she could not vote, sign contracts,
Text (paraphrase)
The enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the
What it means
Rights not explicitly listed in the Constitution still exist and are still protected. The Constitution is a living docum
Ratified
July 9, 1868. One of three post-Civil War Reconstruction Amendments.
Three key clauses
1. Privileges and Immunities Clause - least influential; significantly limited by the Slaughter-House Cases (1873).
Justice
Anthony Kennedy, majority opinion.
Holding
Sex stereotyping is a form of prohibited sex discrimination.
Significance
Extended federal employment discrimination protections to LGBTQ+ people. The Court held that discriminating against some
Issue
Whether a baker's religious beliefs protected his right to refuse to make a wedding cake for a same-sex couple.
PENUMBRAS / EMANATIONS
The idea that specific constitutional guarantees imply broader, unwritten rights that are necessary to give the explicit
Context
Seventeen years after Bowers. The cultural and legal landscape had shifted significantly.
Facts
Ann Hopkins was denied partnership at an accounting firm because review partners found her insufficiently feminine.
Impact beyond law
The Bowers decision contributed to gay men forgoing early HIV/AIDS medical treatment to avoid criminal charges.
Response
Historians produced scholarship documenting the actual history of homosexuality in the U.S. to challenge White's "histor