On the Basis of Sex

On the Basis of Sex Analysis

The main aim of the events of the movie is to highlight the unfair discrimination faced by both men and women simply on the basis of their sex.

The movie explores the real life case of Moritz v. Commissioner (1972), which saw Charles Moritz denied a tax deduction for the nursing care for his elderly mother whilst he worked, because he was not "a woman, a widower or divorcée, or a husband whose wife is incapacitated or institutionalized."

This was a basis for Ginsburg to challenge societal norms – why is it okay to assume that men must work to provide for the family and be subject to such harsh and unfair rulings? By highlighting the unfairness of the decision that was purely based on the gender of Moritz, Ginsburg clearly highlights how trivial it is to exclude women from rights that men have access to.

The challenging of this case later opens the door to challenge all of America's gender-based laws. However, in the quest to rule section 214 as unconstitutional, it comes with the inherent fears and lack of confidence Ginsburg herself faced in the courtroom. Having no true legal experience, she struggles to find her feet in the court room. Nonetheless, Ginsburg perseveres. Indeed, she is praised that regardless of the outcome of the case, she has truly found her voice a as a lawyer, something which she had only dreamed of.

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