Before she became a Supreme Court Justice and a cultural icon, Ruth Bader Ginsburg was a legal strategist committed to fighting gender discrimination. Much of this groundbreaking work took place during her time at the American Civil Liberties Union (ACLU), where she served as the founding director of the Women’s Rights Project. Her tireless efforts not only reshaped American law but also laid the foundation for the modern fight for gender equality. Understanding Ruth Bader Ginsburg’s role in the ACLU provides valuable insight into her legal philosophy and lasting legacy in civil rights history.
Early Legal Background and Entry into the ACLU
In the early 1970s, Ruth Bader Ginsburg had already established herself as a legal scholar and advocate. After graduating from Columbia Law School and clerking for a federal judge, she taught law at Rutgers University and later at Columbia, becoming the first woman to earn tenure there. Her work increasingly focused on gender-based legal issues, a passion that soon aligned her with the mission of the ACLU.
The American Civil Liberties Union, known for its defense of individual rights and liberties, was an ideal platform for Ginsburg’s legal activism. In 1972, she co-founded the ACLU Women’s Rights Project, a department dedicated to using litigation as a tool to achieve gender equality under the law.
Founding the Women’s Rights Project
At the time of its founding, the ACLU Women’s Rights Project addressed deeply entrenched forms of legal gender discrimination. Women faced barriers in employment, education, and personal autonomy. Ginsburg recognized that the law not only failed to protect women, but actively upheld gender stereotypes.
Her approach to change was strategic and deliberate. She chose cases that demonstrated how discriminatory laws harmed both women and men. By taking on cases that impacted men as caregivers or widowers, Ginsburg illustrated that gender-based laws were detrimental to everyone.
Notable Cases Argued by Ginsburg
As an ACLU attorney, Ruth Bader Ginsburg argued six landmark cases before the U.S. Supreme Court, winning five. Each case contributed to the growing legal recognition of gender equality as a constitutional principle.
- Reed v. Reed (1971) Ginsburg wrote the brief for this pivotal case, which challenged an Idaho law preferring men over women as estate administrators. The Supreme Court ruled in favor of Sally Reed, marking the first time it struck down a law for gender discrimination under the Equal Protection Clause.
- Frontiero v. Richardson (1973) Ginsburg argued this case herself, contending that female military members should receive the same spousal benefits as their male counterparts. Although the Court did not adopt strict scrutiny for sex-based classifications, it acknowledged the injustice of the current system.
- Weinberger v. Wiesenfeld (1975) Representing a widower denied Social Security benefits given only to mothers, Ginsburg showed how gendered laws hurt men as well as women. The Court unanimously agreed, a major win for her strategy of inclusive legal equality.
Legal Strategy and Long-Term Vision
Ginsburg’s legal mind was characterized by precision, patience, and incremental progress. Rather than pushing for sweeping legal change all at once, she favored a methodical approach. Her cases often highlighted how laws based on gender assumptions hurt real people, thereby appealing to the judiciary’s sense of justice without alienating them with radical demands.
This gradualism was key to her success. It allowed courts to adapt to the evolving understanding of gender roles in American society while staying within the boundaries of legal precedent. Over time, her approach effectively rewrote the legal landscape, building a foundation that future generations would continue to expand upon.
Impact on American Jurisprudence
The work done by Ruth Bader Ginsburg at the ACLU left a deep and lasting imprint on U.S. law. Her litigation efforts helped shift the judiciary’s perspective on sex discrimination, transforming it from an overlooked issue into a core civil rights concern. The precedents set during this era have since been cited in dozens of cases involving workplace rights, reproductive freedoms, and LGBTQ+ equality.
Ginsburg also changed the way Americans thought about constitutional protections. By framing gender equality as a matter of equal protection under the Fourteenth Amendment, she opened the door for courts to recognize a broader range of individual liberties.
Beyond the Courtroom: Public Influence and Education
While her legal work was pivotal, Ginsburg’s impact extended beyond court rulings. As a professor, author, and public speaker, she educated others on the constitutional implications of gender bias. She helped normalize the idea that gender equality was not just a women’s issue, but a human rights issue that benefited everyone.
Through the ACLU, Ginsburg also mentored other lawyers, many of whom went on to continue the work she began. The Women’s Rights Project became a launching pad for generations of feminist legal scholars and advocates.
Legacy and Enduring Influence
Ruth Bader Ginsburg’s work at the ACLU was not just a precursor to her Supreme Court career it was the foundation of it. The legal principles she established during her time with the Women’s Rights Project shaped her judicial philosophy and guided her decisions on the bench.
Even after joining the Court, she often referred to the cases she had argued as an ACLU lawyer. They remained central to her understanding of how law can evolve to reflect changing societal norms and promote justice for all citizens, regardless of gender.
Continuing the Fight for Equality
The work of the ACLU Women’s Rights Project continues today, championing causes such as pay equity, reproductive rights, and protection against gender-based violence. Its foundation, built by Ginsburg, has remained solid through decades of social change.
Her example continues to inspire young lawyers, activists, and citizens committed to civil liberties and human dignity. In a society still grappling with inequality, Ruth Bader Ginsburg’s legacy through the ACLU is a reminder of the transformative power of law when wielded with integrity and vision.
Ruth Bader Ginsburg’s role at the ACLU marks one of the most influential chapters in the history of civil rights litigation. Through carefully chosen cases and a patient strategy of legal reform, she helped dismantle institutional sexism and established gender equality as a constitutional right. Her contributions at the ACLU were not only a legal triumph but also a cultural milestone, proving that sustained advocacy and principled action can create lasting change. Today, the echo of her efforts continues to be felt in every courtroom where justice is pursued with equality in mind.