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Terri L. Snyder
Everywhere across European and Indigenous settlements in 17th- and 18th-century North America and the Caribbean, the law or legal practices shaped women’s status and conditioned their dependency, regardless of race, age, marital status, or place of birth. Historians have focused much of their attention on the legal status, powers, and experiences of women of European origin across the colonies and given great consideration to the law of domestic relations, the legal disabilities of coverture, and women’s experiences as plaintiffs and defendants, both civil and criminal, in colonial courts. Early American legalities, however, differed markedly for women of color—whether free, indentured, or enslaved, and whether Native or African in origin or descent—whose relationships to the legal regimes of early America were manifold and complex. In their status under the law, experiences at the bar, and, as a result, positions in household polities, women of color reckoned with a set of legalities that differed from those of their European counterparts. The diversity of women’s experiences of the law was shaped not only by race but also by region: Indigenous people had what one historian has labeled jurispractices, while Europeans brought and created a jurisprudence of race and status that shaped treatments of women of color across imperial spaces. A widely comparative analysis of women and the law reflects ways in which race shaped women’s status under and experiences of the law as well as the legalities of their marriages in pre-Revolutionary America.
Working women and their issues played a central role in the women’s movement in the decades following World War II. Feminists lobbied, litigated, and engaged in direct action for workplace fairness. Working women, especially those in unions, joined feminist organizations and established their own organizations as well. There were fault lines within the women’s movement over the issues, strategies, and level of commitment to the causes of working women. In the first two decades after 1945, the unionists and liberal reformers who constituted the so-called Women’s Bureau Coalition (named after the U.S. Women’s Bureau) opposed the mostly affluent and conservative members of the National Woman’s Party for their support of the Equal Rights Amendment, supporting instead protective laws and policies that treated women differently from men in the workplace. With the arrival of second-wave feminism in the 1960s and 1970s, “labor feminists” clashed with the middle-class professional women at the helm of newly formed feminist organizations. As support for gender equality transformed employment practices, some labor feminists sought to retain (or extend to men) selected protective measures introduced in the early 20th century to shield women workers from the worst aspects of wage labor. In the face of harsh economic conditions in the 1970s, labor feminists again opposed other feminists for their efforts to modify the union practice of “last hired, first fired” as a way of retaining affirmative-action hiring gains.
In recent decades feminists have focused on equity measures such as comparable worth and pregnancy leave as means of addressing the unique challenges women face. In addition they have expanded their concern to lesbian and transgender workers, and, increasingly, to the needs of immigrant workers who make up an increasingly percentage of the working population.
Faye E. Dudden
The U.S. women’s rights movement first emerged in the 1830s, when the ideological impact of the Revolution and the Second Great Awakening combined with a rising middle class and increasing education to enable small numbers of women, encouraged by a few sympathetic men, to formulate a critique of women’s oppression in early 19th-century America. Most were white, and their access to an expanding print culture and middle class status enabled them to hire domestic servants; they had the time and resources to assess and begin to reject the roles prescribed by cultural domesticity and legal coverture, or the traditional authority of husbands. A critical mass of these rebellious women first emerged among those who had already enlisted in the radical struggle to end slavery. When abolitionists Sarah and Angelina Grimke faced efforts to silence them because they were women, they saw parallels between their own situation and that of the slaves. The Grimkes began to argue that all women and men were created by God as “equal moral beings” and entitled to the same rights. The ideology of the women’s movement soon broadened to encompass secular arguments, claiming women’s part in a political order ostensibly based on individual rights and consent of the governed. At Seneca Falls, New York, in 1848, and at subsequent women’s rights conventions, the participants articulated a wide range of grievances that extended beyond politics into social and family life. Almost all the leading activists in the early women’s movement, including Lucretia Mott, Lucy Stone, Susan B. Anthony, and Elizabeth Cady Stanton, were trained in “the school of antislavery,” where they learned to withstand public or familial disapproval and acquired practical skills like petitioning and public speaking. The women’s rights activists’ efforts were complicated by questions about which goals to pursue first and by overlap with other reform efforts, including temperance and moral reform as well as abolition and black rights. Women and men related to the movement in a range of ways—activists were surrounded by a penumbra of non-activist contributors and an interested public, and much grassroots activity probably went unrecorded. After the Civil War destroyed slavery, Reconstruction-era politicians had to define citizenship and rights, especially the right to vote. Realizing this opened a rare window of political opportunity, the women’s movement leaders focused on suffrage, but their desperate efforts uncovered ugly racism in their ranks, and they betrayed former black allies. Disagreeing over whether to support the 15th Amendment, which guaranteed the vote to black men only, the women’s movement fell into two rival suffrage organizations: Stanton and Anthony’s National Woman Suffrage Association, which did not support the 15th Amendment, faced off against the American Woman Suffrage Association, led by Lucy Stone and Henry Blackwell. Stymied in their political moves, the suffragists then found their judicial strategy, the “New Departure,” checkmated by a conservative Supreme Court. By 1877, the moment of radical opportunity had passed, and though the women’s suffrage movement could count a few marginal successes in the West, it had stalled and was increasingly overshadowed by more conservative forms of women’s activism like the Women’s Christian Temperance Union.
“Working-Class Environmentalism in America” traces working Americans’ efforts to protect the environment from antebellum times to the present. Antebellum topics include African American slaves’ environmental ethos; aesthetic nature appreciation by Lowell, Massachusetts “mill girls” working in New England’s first textile factories; and Boston’s 1840s fight for safe drinking water. Late-19th-century topics include working-class support for creating urban parks, workers’ early efforts to confront urban pollution and the “smoke nuisance,” and the exploration of conservationist ideas and policies by New England small farmers and fishermen in the late 1800s.
In the early 20th century, working-class youth, including immigrants and African Americans, participated in the youth camping movement and the Boy Scouts and Girl Scouts of America, while working-class adults and their families, enjoying new automobility and two-day weekends, discovered picnicking, car-camping, and sport hunting and fishing in newly created wilderness preserves. Workers also learned of toxic dangers to workplace safety and health from shocking stories of 1920s New Jersey “radium girls” and tetraethyl lead factory workers, and from 1930s Midwestern miners who went on strike over deadly silicosis. The 1930s United States rediscovered natural resource conservation when the Civilian Conservation Corps (CCC) employed millions of working-class youth. Lumber workers advocated federal regulation of timber harvesting.
Postwar America saw the United Auto Workers (UAW), United Steelworkers (USWA), Oil Chemical and Atomic Workers (OCAW), American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), and other labor unions lobbying for wilderness and wildlife preservation, workplace and community health, and fighting air and water pollution, while the United Farmworkers (UFW) fought reckless pesticide use, and dissidents within the United Mine Workers (UMW) sought to ban surface coal mining. Radical organizations explored minority community environmentalism and interracial cooperation on environmental reform. Following post-1970s nationwide conservative retrenchment, working-class activists and communities of color fought toxic wastes and explored environmental justice and environmental racism at places like Love Canal, New York and Warren County, North Carolina and formed the Blue-Green Alliance with environmentalists.
Zoning is a legal tool employed by local governments to regulate land development. It determines the use, intensity, and form of development in localities through enforcement of the zoning ordinance, which consists of a text and an accompanying map that divides the locality into zones. Zoning is an exercise of the police powers by local governments, typically authorized through state statutes. Components of what became part of the zoning process emerged piecemeal in U.S. cities during the 19th century in response to development activities deemed injurious to the health, safety, and welfare of the community. American zoning was influenced by and drew upon models already in place in German cities early in the 20th century. Following the First National Conference on Planning and Congestion, held in Washington, DC in 1909, the zoning movement spread throughout the United States. The first attempt to apply a version of the German zoning model to a U.S. city was in New York City in 1916. In the landmark U.S. Supreme Court case, Ambler Realty v. Village of Euclid (1926), zoning was ruled as a constitutional exercise of the police power, a precedent-setting case that defined the perimeters of land use regulation the remainder of the 20th century.
Zoning was explicitly intended to sanction regulation of real property use to serve the public interest, but frequently, it was used to facilitate social and economic segregation. This was most often accomplished by controlling the size and type of housing, where high density housing (for lower income residents) could be placed in relation to commercial and industrial uses, and in some cases through explicit use of racial zoning categories for zones. The U.S. Supreme Court ruled, in Buchanan v. Warley (1917), that a racial zoning plan of the city of Louisville, Kentucky violated the due process clause of the14th Amendment. The decision, however, did not directly address the discriminatory aspects of the law. As a result, efforts to fashion legally acceptable racial zoning schemes persisted late into the 1920s. These were succeeded by the use of restrictive covenants to prohibit black (and other minority) occupancy in certain white neighborhoods (until declared unconstitutional in the late 1940s). More widespread was the use of highly differentiated residential zoning schemes and real estate steering that imbedded racial and ethnic segregation into the residential fabric of American communities.
The Standard State Zoning Enabling Act (SSZEA) of 1924 facilitated zoning. Disseminated by the U.S. Department of Commerce, the SSZEA created a relatively uniform zoning process in U.S. cities, although depending upon their size and functions, there were definite differences in the complexity and scope of zoning schemes. The reason why localities followed the basic form prescribed by the SSZEA was to minimize the chance of the zoning ordinance being struck down by the courts. Nonetheless, from the 1920s through the 1970s, thousands of court cases tested aspects of zoning, but only a few reached the federal courts, and typically, zoning advocates prevailed.
In the 1950s and 1960s, critics of zoning charged that the fragmented city was an unintended consequence. This critique was a response to concerns that zoning created artificial separations among the various types of development in cities, and that this undermined their vitality. Zoning nevertheless remained a cornerstone of U.S. urban and suburban land regulation, and new techniques such as planned unit developments, overlay zones, and form-based codes introduced needed flexibility to reintegrate urban functions previously separated by conventional zoning approaches.