..."It is known to all men (and what we know as men we cannot profess to be ignorant of as judges) that woman's physical structure and the performance of maternal functions place her at a great disadvantage in the battle of life" (Ritchie v. Way man, 520-21). Unlike the statutes involving...

...that it had consistently disallowed for men. A woman's "physical structure and the performance of her maternal functions place her at a disadvantage in the struggle for subsistence," rendering her a poor champion of her own liberty. These natural weaknesses along with the disadvantages...

...services necessary to sustain family life." See also Mueller v. Oregon, 208 US 412, 421-2 (1908): "That woman's physical structure and the performance of...true when the burdens of motherhood are upon her. . . . [CJontínuance for a long time on her feet at work, repeating this from day to day, tends to...

...assumption that guides the Court's argument for enforcing the special protection of women: (14) That woman's physical structure and the performance of...disadvantage in the struggle for subsistence is obvious. Endowed with a weak "physical structure" which makes a woman prone to "injurious effects" if she were...

...excerpts of Bradwellv. Illinois (1873), Radicev. New York (1924), and Goesaert v. Cleary (1948). That woman's physical structure and the performance of...especially true when the burdens of motherhood are upon her [A] s healthy mothers are essential to vigorous offspring, the physical well-being of woman becomes...

...legislation restricting or qualifying the conditions under which she should be permitted to toil That woman's physical structure and the performance of...especially true when the burdens of motherhood are upon her."1 Nearly a century later, such sex stereotypes remain prevalent, albeit modified in form. Working...

...more than ten hours during any one day in "any mechanical establishment, or factory, or laundry": That woman's physical structure and the performance of...disadvantage in the struggle for subsistence is obvious [H]istory discloses the fact that woman has always been dependent upon man. He established his control...

...limited the number of hours women could work and other conditions of female employment: "That women's physical structure and the performance of maternal...true when the burdens of motherhood are upon her. [Yet since] healthy mothers are essential to vigorous offspring the physical well-being of woman becomes...

...Lochner. Why was the law reasonable? Because women were different from men. The Court acknowledged that a "woman's physical structure and the performance...at a disadvantage in the struggle for subsistence." Women were not only the weaker sex and therefore in need of greater state protection than men, but...

...of the state to limit the working hours of women was sustained. We emphasized the consideration that 'woman's physical structure and the performance of...at a disadvantage in the struggle for subsistence' and that her physical well being 'becomes an object of public interest and care in order to preserve...