Understanding the Legacy of Women’s Struggles

In her newly released book, We the Men: How Forgetting Women’s Struggles for Equality Perpetuates Inequality, Jill Hasday emphasizes the imperative of recognizing women’s historical and ongoing fight for equality. Hasday, a distinguished professor at the University of Minnesota Law School, argues that historical narratives often overlook women’s contributions and struggles, leading to a skewed understanding of equality’s evolution in the United States.

The Misrepresentation of Progress

Hasday critiques the numerous instances where influential societal voices, including judges and politicians, distort the narrative surrounding women’s rights. She asserts that claims of progress toward gender equality often exaggerate advancements while downplaying persistent sexism in legal and everyday contexts. “Even as sexism continues to warp constitutional law…prominent Americans have spent more than a century proclaiming that the United States has already left sex discrimination behind,” she states.

Echoes of the Past: The 19th Amendment

A significant focus of Hasday’s work is the history surrounding the 19th Amendment. Too often, this pivotal change is characterized as a benevolent act by men, rather than the result of a hard-fought struggle by suffragists. She emphasizes that the amendment, which prohibits sex-based voting discrimination, was not merely granted but achieved through extensive activism against fierce opposition.

“The 19th Amendment was not a gift. It was a multigenerational battle that required suffragists to overcome furious, sometimes violent, opposition,” remarked Hasday, highlighting the stark reality of women’s struggle for suffrage.

A Shift in Perspective Post-Dobbs

The Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade, served as a pivotal moment for Hasday’s reflections in the book. Initially, she perceived progress in women’s rights, but subsequent events led her to question the trajectory of equality and the necessity of continued efforts.

“After Dobbs, I am less certain about whether American women are better off today than they were in 1973,” Hasday expressed, indicating a nuanced understanding of the changing landscape of women’s rights.

The Role of the Equal Rights Amendment

Hasday addresses the ongoing relevance of the Equal Rights Amendment (ERA), asserting that it remains a crucial tool in combating gender discrimination. Drawing parallels to the arguments made against the ERA in the 1970s, she notes how contemporary opposition similarly invalidates the notion of persistent gender inequality and seeks to undermine further advancements.

“The ERA is important for at least two reasons,” Hasday explains, underscoring its potential to reshape societal perceptions of women’s rights within the constitutional framework.

Ingrained Complacency and the Need for Historical Acknowledgment

She further argues that references to female experiences in legal discussions often erase the struggle involved in advancing rights. Hasday mentions how historical narratives tend to portray progress as natural rather than the product of hard-fought battles.

“I call these tales ‘spontaneous enlightenment stories,'” Hasday states, critiquing the narratives that marginalize women’s agency throughout history.

A Call to Action for Future Commemoration

As America approaches its 250th anniversary in 2026, Hasday sees a unique opportunity to rectify these oversights and include women’s narratives prominently in national celebrations. She stresses the importance of integrating women’s history into the broader context of American history, rather than relegating it to the margins.

“When Americans remember the Founding, we should remember all of it,” Hasday concludes, advocating for a comprehensive understanding of women’s roles both historically and currently.