Imagine you’re suffering through puberty. You’re called into a school administrator’s office and asked to strip down to your underwear. The women ask you to pull open your bra and panties to search for drugs. They find nothing.

So you sue the school and it heads to the Supreme Court. In this true story, the politics of gender reared its head recently as the sole woman on the Supreme Court offered an opinion from a distinctly female perspective.

During oral arguments, Justice Stephen Breyer said he didn’t understand why a school administrator telling a girl to strip would have traumatic effect. Reporters said that Justice Ruth Bader Ginsburg’s eyes flashed with anger at his question. "They have never been a 13-year-old girl," she told USA Today. "It's a very sensitive age for a girl. I didn't think that my colleagues, some of them, quite understood."

Despite making up more than half of the nation’s population, only one woman currently sits on the court. As a result, President Barack Obama will likely face immense pressure to consider a female replacement for Supreme Court Justice David Souter.

A female justice would offer a unique perspective to the Supreme Court. Women face different life challenges than men both biologically and psychologically. For example, only women experience pregnancy, which is often taken into consideration when ruling on abortion. Women are also more likely to face gender discrimination in education or employment. Recent research suggests that male and female judges vote nearly identically on most cases, except in those involving sex discrimination. Female judges are more likely to rule in favor of the person alleging discrimination, and male judges are more likely to rule in favor of the person claiming sex discrimination if they sit with a female judge.

Strong female voices are also needed in the legislative branch. They are more likely to face personal experience with issues such as sexual harassment and equal employment benefits. Retired Supreme Court Justice Sandra Day O’Conner recently told The New York Times that while in the Arizona Legislature, she examined each statute to examine whether it discriminated against women and worked to fix these errors.

As female candidates are proposed for the vacant seat, Slate’s potential nominees resemble Susan Boyle more than Miss California, perhaps because the nominees will be evaluated based on their resume and not their hair color. Regrettably, that is not the case for most political campaigns, as candidates – male or female – face scrutiny from voters for the money they spend on a haircut to the eschatological views their pastor holds. Unlike justices, female politicians must persuade their constituents to elect them when voters might be more likely to vote for a male candidate, a seduction perhaps better suited to Miss California.

In the time between Hillary Clinton leaving the presidential race and Sarah Palin coming on board as the Republican vice-presidential nominee, the Pew Research Center published a compelling study on gender and leadership. Only 6 percent of respondents said that women make better political leaders while 21 percent said that men make better leaders. On particular policy areas, Pew’s research shows that female candidates are judged to be better than men at dealing with issues such as healthcare and education. However, if an election revolves around perceived masculine issues, such as defense and national security, male candidates are likely to have an advantage.

This disparity is consistent with the gender roles many Americans grow up observing. The most prominent women in Americans’ lives tend to be mothers, nurses, or teachers – figures who generally fulfill comforting roles. In contrast, men are often seen in protector or enforcement professions, such as policemen, judges, or sports coaches. Despite our efforts to become gender neutral, it is difficult to imagine Martha Stewart leading the United States into war. Palin and Clinton made significant strides during the last election, but women have the unique struggle of bringing their feminine identity to the table while proving they can "wear the pants" as well as any male politician. Although Clinton does improve this stereotype in her new role as Secretary of State, some may argue she fulfills her duties by distancing herself from her own femininity.

Two female politicians – Senators Barbara Boxer (D) and Olympia Snowe (R) – recently urged Obama to choose a woman for the next Supreme Court justice. “Women make up more than half of our population, but right now hold only one seat out of nine on the United States Supreme Court,” they wrote in a letter. “This is out of balance. In order for the court to be relevant, it needs to be diverse and better reflect America.” Perhaps they see the Supreme Court as an opportunity to show what women can accomplish in important positions, paving the way for more female politicians to be voted in by the public.

It's unfortunate that women, who offer unique and valuable perspectives in politics, often face steeper challenges to step into those roles. Thankfully, Supreme Court justices will be judged based on their merit and not their wardrobe. Now if only the same qualifications were extended to women in the executive and legislative branches as well.

Sarah Pulliam is the online editor at Christianity Today where she edits the politics and womens’ blog.

Comments

There's a chance Justice Stephen Breyer's comment was merely to elicit a response and he didn't genuinely mean that. Judges and justices often ask questions like that.

Also, is it appropriate for Obama to only consider women for the position?

Thanks for pointing that out. It's important for the justices to play devil's advocate, but Justice Ginsberg clearly felt that she offered a different experience as a woman.

No, Obama should not only consider women for the position, but he should strongly consider the strong female candidates. Perhaps a male candidate may ultimately have stronger qualifications on paper, but I think a woman Could offer a distinct perspective.

A wonderful article; a pleasure to read, and well-argued, too. However, I would add simply this thought: we as a people should expect our judges, regardless of their sex, to be as objective and discerning as possible. Which is why we should not cry foul simply because there are 8 men and 1 woman on the bench. If the judges are demonstrably wrong in their decisions (which, on surface level, certainly seems to be true in the case mentioned in the introduction of this article), then it is time for us to seriously question the worthiness of judges on the court.

But, I agree overall with the sentiment of this article. For the sake of evenly representing the american people, all else being equal, an equitable gender distribution would be preferable.

Thanks for your additional thoughts. Women come from distinctly different backgrounds, which will impact how they see the world. Judges must be as objective as possible, but I don't think they can erase their experiences as they approach a case.

The reason you cannot imagine Martha Stewart leading us in battle is not her gender. Military is not her expertise.

To really develop that issue you need to broaden the landscape and consider Golda Meir's tenure in Israel and Margaret Thatcher's in Great Britain.

This is a good point, but the examples you use are not in the United States. The role models you see in the U.S. tend to be people like Martha Stewart or Oprah.

Broaden your horizons. Get outside U.S. shores.

Martha Stewart a role model?? Of what?

Martha Stewart a role model?? Of what?

Martha Stewart has always been a role model for many homemakers in the U.S. Just check her book sales and tv ratings.

That is a different skillset from the presidency.

I nominate Sarah Palin for the Supreme Court then.

I know you're being snarky, but I advocate for fully qualified women candidates. It's not like Sarah Palin is the only female in leadership.

I would rarely advocate for any organization to select someone primarily to fill a quota, but you make a good argument for the serious consideration of a woman to fill the Supreme Court vacancy. Cases reach the SC because they are complex and the more perspectives we can have to consider every side of the issue, the better. Laws may seem black-and-white but they deal with and affect people and emotions, which generally are not.

This argument initially fills me with the same sort of unease as pundits claiming Obama should nominate a Hispanic judge simply because we haven't got one yet. The idea that anything--whether it be race, gender, political affiliation or something even more ridiculous--should trump competency when selecting a judge just seems wrong.

But human decision-making is a strange thing. A person's suitableness for the job of Justice isn't always easy to gauge, and it's entirely possible that in a country the size of the U.S. there will be multiple candidates who are more or less equally well-suited. In that case, would it be wrong to allow the different perspective of a non-white guy candidate to break that tie? I don't think so.

In relation to Clinton, women really do have an extra job to fill when running for an executive or legislative position. They must be both feminine and masculine, while men are allowed to be simply masculine. You never hear pundits talking about how a guy isn't being feminine enough, but if a woman doesn't seem as hard-nosed as they think she should be, they'll sure go after that.

And I agree with the above poster. Out of all the people in our country, there must be one woman that is as qualified to be on the Supreme Court as anyone else, in which case, it would be more beneficial to balancing out the opinions of The Court to have a woman on the bench. Clearly being a justice is about more than just law degrees.

I agree that we need more female representation on the female court but one who also represents the broad range of opinions on women's issues, in other words, not Hillary Clinton who only represents a leftist perspective on abortion. But also not a Sarah Palin who might relate better to average mothers but is not qualified for such a high office.

"Despite making up more than half of the nation’s population, only one woman currently sits on the court. As a result, President Barack Obama will likely face immense pressure to consider a female replacement for Supreme Court Justice David Souter."

I appreciate this article for spending time on a subject that is receiving greater attention now than perhaps ever before. From the opening tone, however, I was expecting something a little more opinionated or revelatory. Maybe it's just that, being a woman who cares about woman's issues, the points in this article already seem plain as day to me--though no less valid, of course. I would be interested in reading an op-ed article by the same writer expressing a stronger, more reflective view one way or the other.

In relation to Obama's appointment of a Supreme Court Justice, a candidate's gender - in these circumstances - can be considered a qualification or merit since it can enable a greater perception (due to past experience) which is required for achieving objective decisions.

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