Today the equal protection guarantee extends to women, but if you ask the question “Back in 1868, when the Fourteenth Amendment became part of the Constitution, did the people at that time envision that women would be citizens equal in stature to men?” The answer, surely no. But as I see the equality idea—it was there from the beginning and was realized by society over time. So I would say this: It’s true that in 1868 women were a long way from having the vote. But then the Nineteenth Amendment was ratified in 1920, and women gained the vote. We had the civil rights movement of the 1960s aimed
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