![]() |
Photo courtesy of University of Minnesota Law School |
Jill Elaine Hasday is the author of the new book We the Men: How Forgetting Women's Struggles for Equality Perpetuates Inequality. Her other books include Intimate Lies and the Law. She is a Distinguished McKnight University Professor and the Centennial Professor of Law at the University of Minnesota Law School.
Q: What inspired you to write We the Men?
A: I first began thinking about some of the ideas in the book when I was in law school. So many of the stories I heard in class treated men’s lives as the ordinary baseline and women’s lives as exceptions to either skip over or mention as footnotes.
I thought: women are not an exception. We are half the population. Our experiences within and outside of the law are just as important as men’s experiences.
Q: How was the book’s title chosen, and what does it signify for you?
A: The United States Constitution purports to speak for “We the People.” I wrote this book because too many of the stories that powerful Americans tell about law and society include only We the Men.
Q: The law professor Naomi Cahn said of the book, “We the Men is a thoroughly engaging read that offers a rich history of women’s ongoing struggles for equality. Hasday’s compelling book provides a new understanding of women’s halting progress and a roadmap for a more promising, and egalitarian, future.” What do you think of that description?
A: I appreciate Professor Cahn’s kind words!
Q: Given the current political situation, what do you hope readers take away from the book?
A: Women’s rights and opportunities have unquestionably expanded over the past century. But progress has not been nearly fast or far-reaching enough—largely because of fierce opposition to changing women’s rights and roles. Sometimes courts, legislatures, or presidents have even dragged women backward, reversing earlier victories.
We the Men outlines an unfinished reform agenda that spans teaching, commemoration, political representation, legislation, litigation, and everyday life. The long history of women’s struggles for equality makes clear that progress on this agenda is unlikely to be quick, easy, or achieved by anyone acting alone. Generations of women have learned that lesson and persisted nonetheless.
Q: What are you working on now?
A: I am starting a new book project. Stay tuned.
Q: Anything else we should know?
A: I would like to share a favorite story from the book. Anne Davidow was a trailblazing attorney in Detroit. She represented four women who sued to block a 1945 Michigan law that prohibited women from bartending in cities with 50,000 or more people, unless the woman was “the wife or daughter of the male owner” of the bar.
The Michigan statute was part of a wave of anti-barmaid legislation that the male-only bartenders’ union helped push through statehouses after Prohibition ended.
Challenging the constitutionality of Michigan’s law was an uphill battle. Generations of judges had upheld many other restrictions on women’s work. But Davidow was undaunted and appealed Goesaert v. Cleary (1948) all the way to the Supreme Court. She later reported that Justice Felix Frankfurter heckled her from the bench while informing her that “the days of chivalry aren’t over.”
Presumably, Frankfurter either failed to recognize the irony or felt that Davidow’s effrontery in bringing this suit excused him from any obligation to act like a gentleman. Frankfurter wrote an opinion for the Court that dismissed Davidow’s arguments in less than three pages. Eventually, though, she had the last laugh. The Court overruled Frankfurter’s opinion in 1976.
--Interview with Deborah Kalb. Here's a previous Q&A with Jill Elaine Hasday.