> “I said on the equality side of it, that it is essential to a woman’s equality with man that she be the decision-maker, that her choice be controlling.”
Ruth Bader Ginsburg delivered these powerful words during a pivotal moment in American legal history. They encapsulate a distinct legal philosophy that defined her career on the Supreme Court. While many legal scholars focused on privacy rights, Ginsburg consistently championed equality. She believed that true gender equity required women to possess full autonomy over their life choices. This specific quote emerged during her 1993 confirmation hearings, setting the tone for her tenure as a Justice. It remains a cornerstone of feminist legal theory today.
In 1993, President Bill Clinton nominated Ruth Bader Ginsburg to the Supreme Court. She appeared before the Senate Judiciary Committee to answer questions about her legal views. At the time, the legal landscape regarding reproductive rights remained volatile. The Court had decided *Planned Parenthood v. Casey* just a year prior. Consequently, Senators were eager to understand her stance on *Roe v. Wade* and the constitutional right to choose.
During these hearings, Ginsburg did not shy away from difficult topics. Instead, she used the platform to articulate a sophisticated legal argument. She moved beyond the standard “right to privacy” defense used in *Roe*. She argued that the government cannot deny women equal protection under the law. Therefore, regulating a woman’s body treats her less favorably than a man. This perspective offered a stronger, more enduring foundation for reproductive rights.
The famous quote arose specifically during an exchange with Senator Hank Brown of Colorado. He pressed her on how she viewed the constitutional basis for abortion rights. Specifically, he asked about her previous writings that criticized the reasoning in *Roe v. Wade*. Ginsburg clarified that she supported the outcome of *Roe* but preferred a different legal path.
She explained that the Court should have grounded the right in the Equal Protection Clause rather than the Due Process Clause. Source In her view, the physical reality of pregnancy impacts women uniquely. Thus, when the state forces a woman to carry a pregnancy, it imposes a burden men never face. She stated that for a woman to be equal to a man, she must control her own destiny. . This exchange highlighted her intellectual precision and her commitment to gender equality.
Historically, the Supreme Court grounded reproductive rights in the concept of privacy. The 1973 *Roe v. Wade* decision relied heavily on the Due Process Clause of the 14th Amendment. However, Ginsburg found this reasoning incomplete. She believed that privacy arguments focused too much on the doctor-patient relationship. In contrast, she wanted the law to focus on the woman’s status in society.
By framing the issue as one of equality, Ginsburg strengthened the argument. Privacy rights can be balanced against state interests. Equality rights, however, are absolute. If a law discriminates against women, it violates the Constitution. Therefore, Ginsburg’s approach made reproductive freedom a matter of civil rights. She posited that women could not participate fully in society without control over their reproductive lives. This shift in perspective fundamentally changed how advocates argue for women’s rights today.
Ginsburg’s choice of the word “decision-maker” is deliberate and significant. It places the agency directly in the hands of the individual woman. It rejects the notion that doctors, husbands, or legislators should have the final say. By insisting that her choice be “controlling,” Ginsburg argued against any state interference that overrides a woman’s will.
Furthermore, this phrasing connects reproductive rights to broader economic and social opportunities. A woman cannot plan her education, career, or family life if she lacks this control. Consequently, the ability to make these decisions serves as a prerequisite for equal citizenship. Ginsburg understood that legal rights mean little without the power to exercise them. Thus, being the “decision-maker” is not just about a medical procedure; it is about self-determination.
Although Ginsburg joined the Court in 1993, her equality argument continued to evolve. She frequently utilized this reasoning in her written opinions. For example, her dissent in *Gonzales v. Carhart* (2007) echoed the sentiments of her confirmation hearing quote. In that dissent, she criticized the majority for upholding a ban on a specific abortion procedure. She argued that the Court’s decision failed to take women’s autonomy seriously.
Moreover, her philosophy influenced a generation of lawyers and judges. Modern legal challenges to abortion restrictions often cite the Equal Protection arguments she championed. Scholars and activists now widely accept that reproductive justice is an equality issue. Indeed, her 1993 statement predicted the direction of future civil rights litigation. It provided a roadmap for defending women’s bodily autonomy against legislative attacks.
Like many famous quotes, people often shorten or paraphrase Ginsburg’s words. You might see variations such as “A woman must be the decision-maker” or “Equality requires choice.” While these summaries capture the spirit of her statement, they lack the precision of the original. The full quote emphasizes the connection between “equality with man” and the act of being “controlling.”
Additionally, internet memes frequently attribute general feminist slogans to RBG. It is important to verify the source. This specific quote is well-documented in the Congressional Record of her confirmation hearings. It stands apart because it links two specific legal concepts: gender equality and decision-making power. Therefore, preserving the exact wording helps maintain the integrity of her legal argument.
This quote perfectly encapsulates Ruth Bader Ginsburg’s life work. Before joining the bench, she co-founded the ACLU’s Women’s Rights Project. She argued six gender discrimination cases before the Supreme Court, winning five. In each case, she fought to dismantle laws that treated men and women differently based on stereotypes.
Her confirmation hearing statement was not a new idea for her. Rather, it was the culmination of decades of advocacy. She consistently maintained that the law must treat women as fully competent adults. Furthermore, she rejected the idea that women need “protection” from their own choices. Her legacy rests on this unwavering belief in women’s capacity for self-governance. Consequently, she remains an icon for those who value equal rights.
Today, Ginsburg’s words resonate with renewed urgency. As laws regarding reproductive rights change across the United States, advocates return to her equality framework. They argue that bans and restrictions disproportionately harm women’s economic and social standing. Thus, her 1993 statement serves as a rallying cry for the modern feminist movement.
In addition, this concept extends beyond reproductive rights. It applies to workplace discrimination, healthcare access, and political representation. Whenever society questions a woman’s ability to lead or decide, Ginsburg’s words offer a rebuttal. They remind us that equality is impossible without autonomy. Ultimately, her insistence that a woman’s choice be “controlling” defines the standard for true liberation.
Ruth Bader Ginsburg’s statement on equality and decision-making remains a powerful testament to her legal vision. By shifting the focus from privacy to equality, she redefined the debate on women’s rights. Her words during the 1993 confirmation hearings did more than answer a senator’s question. They laid a moral and legal foundation for future generations. As we reflect on her legacy, this quote stands as a reminder of the essential link between autonomy and equality. We must ensure that women remain the decision-makers in their own lives.
Explore More About Ruth Bader Ginsburg
If you found this quote inspiring, you might enjoy these products related to Ruth Bader Ginsburg:
- The Unemployed Philosophers Guild Ruth Bader Ginsburg Doll – 12″ Soft Stuffed Plush Little Thinker – $24.95
- Bleacher Creatures Ruth Bader Ginsburg 10″ Plush Figure- The RBG Icon for Play or Display – $24.99
- The Unemployed Philosophers Guild Ruth Bader Ginsburg Magnetic Personality – Plush Finger Puppet and Refrigerator Magnet, Approx 4″ Tall – $9.95
- Feminist Wood Plaque Gift, Women Belong In All Places Where Decisions Are Being Made, Plaque with Wooden Stand, Wood Sign Plaque Gift, Ruth Bader Ginsburg, RBG Woman’s Rights B1 – $7.99
- Feminist Wood Plaque Gift – RBG Woman’s Rights, Wood Sign Gift with Stand – $9.99
As an Amazon Associate, we earn from qualifying purchases.