GENDER MAINSTREAMING IN THE UNITED STATES: A New Vision of Equality

Abstract

In the United States gender equality cases in front of the Supreme Court, State and Congressional legislation, and decisions by other United States courts have been decided by applying formal equality. This view of equality combined with the United States' "Negative Constitution" has led to extremely unjust gender equality rulings. At the same time, the increased influence of international human rights law means the United States can no longer ignore gender equality at home while preaching human rights abroad. Gender mainstreaming offers a way of looking at gender equality that would satisfy both international norms and the "Negative Constitution."