The U.S. Constitution is only major written constitution that includes a bill of rights but lacks a provision explicitly declaring equality of sexes. Since 1946 French Constitution has provided that [t]he law guarantees to woman, in all spheres, rights equal to those of man.'1 Article 3 of German Constitution declares that [m]en and women have equal rights, and that [n]obody shall be prejudiced or favored because of their sex ... .2 The Constitution of India provides that the State shall not discriminate against any citizen on grounds only of... sex... .3 Among newer constitutions, Canada's states that [e]very individual is equal before and under law and has right to equal protection and equal benefit of law without discrimination based on ... sex.. . .4 South Africa's provides that neither state nor any person may unfairly discriminate directly or indirectly against anyone on... grounds including... gender, sex, pregnancy, [or] marital status . .... In contrast, U.S. Constitution, in its original text, never referred to women at all. The only known use of pronoun she in framing deliberations concerned a later-rejected clause that would have referred to
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Kathleen M. Sullivan (2002) studied this question.