Suddenly he's everyone's favorite feminist, railing against "stereotype-based beliefs about the allocation of family duties" and "invalid gender stereotypes" in the workplace. The language is Supreme Court Chief Justice William Rehnquist's, in his surprising majority opinion last week saying that state governments have to abide by the Family and Medical Leave Act. Rehnquist is better known for his decisions in favor of states' rights and against groups that want protection from discrimination. What got into him? Some theories:
There's also the plausible theory that the ruling doesn't conflict with earlier Rehnquist decisions that states are exempt from Congress's age and disability antidiscrimination laws; women have more constitutional protections against bias. Rehnquist's next chance to show his soft side: the court will decide this month whether to hear the disabilities-discrimination case of a Tennessee amputee who had to drag himself up the steps of a non handicapped-accessible courthouse.