"That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. This is especially true when the burdens of motherhood are upon her... As healthy mothers are essential to vigorous offspring, the physical well-being of woman becomes an object of public interest and care in order to preserve the strength and vigor of the race. Hence the limitations which this statute places upon her contractual powers... are not imposed solely for her benefit, but also largely for the benefit of all." — Justice Brewer, Muller v. Oregon (1908)
Although Muller advanced protective labor legislation, modern feminists have criticized it for
- A
denying state authority to regulate hours at all
- B
applying federal commerce power to local employment
- Ccheck_circle
reinforcing gender stereotypes that later limited women's economic opportunities
- D
extending male suffrage doctrines to working women
Explanation
The opinion's emphasis on women's biological differences justified protections in 1908 but later supplied reasoning for excluding women from "men's" jobs and pay equity.