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University of Baltimore Law Review

Abstract

"As the species homo sapiens slowly evolved from the baser life forms, both a congregating into a family group and a division of labor therein became saliently characteristic. Man was the hunter and the warrior; Woman, the keeper of the hearth and rocker of the cradle. Even latter-day refinements were little more than variations upon this primordial theme. An increasingly organized society fashioned customs and then conventions and then laws to enforce the obligations implicit in this division. In the post-World War II enlightenment, however, such notions appear as remote as the Pleistocene. Organized society may still make distinctions based upon physical prowess, intellectual endowment, earning capacity, etc., but it may no longer arbitrarily assign roles and obligations automatically upon the basis of gender.

"This enlightenment found expression in our own sovereignty on November 7, 1972, with the ratification of Article 46 of the Maryland Declaration of Rights: 'Equality of rights under the law shall not be abridged or denied because of sex.' "

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