IN HER first argument before the Supreme Court—20 years before Bill Clinton would nominate her to be America’s 107th justice—Ruth Bader Ginsburg asked nine men to put themselves into the shoes of an air-force lieutenant who had been treated differently because she was a woman. In 1973, Sharron Frontiero challenged a rule giving male airmen automatic housing benefits for their wives while women could do the same only by proving their husbands were dependent on them.
It seems that they were paying attention: Ms Frontiero won an 8-1 decision. “A person’s sex bears no necessary relationship to ability”, Ms Ginsburg had told the justices in her monologue. “Women today face discrimination in employment as pervasive and more subtle than discrimination encountered by minority groups”, and discriminatory rules “help keep woman in her place, a place inferior to that occupied by men in our society”. Justice William Brennan’s opinion drew liberally from these themes.
It is perhaps telling that an institution populated exclusively by men for nearly two centuries—the first woman, Sandra Day O’Connor, took her chair in 1981—chose a young man in search of beer as the plaintiff whose plight would spur the justices to take gender discrimination more seriously. But showing that gender discrimination hurts men and women alike was part of Ms Ginsburg’s plan.
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