"The Constitution they wrote was designed to protect
the rights of white, male citizens. As there were no
black Founding Fathers, there were no founding
mothers -- a great pity, on both counts. It is not too
late to complete the work they left undone.
Today, here, we should start to do so."
On
January 25, 1972 Shirley Chisholm, Member of Congress from
New York's Twelfth District announced her candidacy for
President of the United States. She became the first woman
and the first African-American to seek the nomination of
the Democratic Party for the nation's highest office.
One
of Ms. Chisholm’s most famous speeches was in support of the Equal Rights
Amendment. It was delivered August 10, 1970 in Washington, DC before
the House of Representatives. The complete text follows.
Mr.
Speaker, House Joint Resolution 264, before us today, which provides for
equality under the law for both men and women, represents one of the most
clear-cut opportunities we are likely to have to declare our faith in
the principles that shaped our Constitution. It provides a legal basis
for attack on the most subtle, most pervasive, and most institutionalized
form of prejudice that exists. Discrimination against women, solely on
the basis of their sex, is so widespread that is seems to many persons
normal, natural and right.
Legal
expression of prejudice on the grounds of religious or political belief
has become a minor problem in our society. Prejudice on the basis of race
is, at least, under systematic attack. Their is reason for optimism that
it will start to die with the present, older generation. It is time we
act to assure full equality of opportunity to those citizens who, although
in a majority, suffer the restrictions that are commonly imposed on minorities,
to women.
The
argument that this amendment will not solve the problem of sex discrimination
is not relevant. If the argument were used against a civil rights bill,
as it has been used in the past, the prejudice that lies behind it would
be embarrassing. Of course laws will not eliminate prejudice from the
hearts of human beings. But that is no reason to allow prejudice to continue
to be enshrined in our laws -- to perpetuate injustice through inaction.
The
amendment is necessary to clarify countless ambiguities and inconsistencies
in our legal system. For instance, the Constitution guarantees due process
of law, in the 5th and 14th amendments. But the applicability of due process
of sex distinctions is not clear. Women are excluded from some State colleges
and universities. In some States, restrictions are placed on a married
woman who engages in an independent business. Women may not be chosen
for some juries. Women even receive heavier criminal penalties than men
who commit the same crime. What would the legal effects of the equal rights
amendment really be? The equal rights amendment would govern only the
relationship between the State and its citizens -- not relationships between
private citizens. The amendment would be largely self-executing, that
is, and Federal or State laws in conflict would be ineffective one year
after date of ratification without further action by the Congress or State
legislatures.
Opponents
of the amendment claim its ratification would throw the law into a state
of confusion and would result in much litigation to establish its meaning.
This objection overlooks the influence of legislative history in determining
intent and the recent activities of many groups preparing for legislative
changes in this direction.
State
labor laws applying only to women, such as those limiting hours of work
and weights to be lifted would become inoperative unless the legislature
amended them to apply to men. As of early 1970 most States would have
some laws that would be affected. However, changes are being made so rapidly
as a result of title VII of the Civil Rights Act of 1964, it is likely
that by the time the equal rights amendment would become effective; no
confliction State laws would remain.
In
any event, there has for years been great controversy as to the usefulness
to women of these State labor laws. There has never been any doubt that
they worked a hardship on women who need or want to work overtime and
on women who need or want better paying jobs, and there has been no persuasive
evidence as to how many women benefit from the archaic policy of the laws.
After the Delaware hours law was repealed in 1966, there were no complaints
from women to any of the State agencies that might have been approached.
Jury
service laws not making women equally liable for jury service would have
been revised. The selective service law would have to include women, but
women would not be required to serve in the Armed Forces where they are
not fitted any more than men are required to serve. Military service,
while a great responsibility, is not without benefits, particularly for
young men with limited education or training.
Since
October 1966, 246,000 young men who did not meet the normal mental or
physical requirements have been given opportunities for training and correcting
physical problems. This opportunity is not open to their sisters. Only
girls who have completed high school and meet high standards on the educational
test can volunteer. Ratification of the amendment would not permit application
of higher standards to women.
Survivorship
benefits would be available to husbands of female workers on the same
basis as to wives of male workers. The Social Security Act and the civil
service and military service retirement acts are in conflict. Public schools
and universities could not be limited to one sex and could not apply different
admission standards to men and women. Laws requiring longer prison sentences
for women than men would be invalid, and equal opportunities for rehabilitation
and vocational training would have to be provided in public correctional
institutions. Different ages of majority based on sex would have to be
harmonized. Federal, State, and other governmental bodies would be obligated
to follow nondiscriminatory practices in all aspects of employment, including
public school teachers and State university and college faculties.
What
would be the economic effects of the equal rights amendment? Direct economic
effects would be minor. If any labor laws applying only to women still
remained, their amendment or repeal would provide opportunity for women
in better-paying jobs in manufacturing. More opportunities in public vocational
and graduate schools for women would also tend to open up opportunities
in better jobs for women.
Indirect
effects could be much greater. The focusing of public attention on the
gross legal, economic, and social discrimination against women by hearings
and debates in the Federal and State legislatures would result in changes
in attitude of parents, educators, and employers that would bring about
substantial economic changes in the long run.
Sex
prejudice cuts both ways. Men are oppressed by the requirements of the
Selective Service Act, by enforced legal guardianship of minors, and by
alimony laws. Each sex, I believe, should be liable when necessary to
serve and defend this country. Each has a responsibility for the support
of children.
There
are objections raised to wiping out laws protecting women workers. No
one would condone exploitation. But what does sex have to do with it.
Working conditions and hours that are harmful to women are harmful to
men; wages that are unfair for women are unfair for men. Laws setting
employment limitations on the basis of sex are irrational, and the proof
of this is their inconsistency from State to State. The physical characteristics
of men and women are not fixed, but cover two wide spans that have a great
deal of overlap. It is obvious, I think, that a robust woman could be
more fit for physical labor than a weak man. The choice of occupation
would be determined by individual capabilities, and the rewards for equal
works should be equal.
This
is what it comes down to: artificial distinctions between persons must
be wiped out of the law. Legal discrimination between the sexes is, in
almost every instance, founded on outmoded views of society and the pre-scientific
beliefs about psychology and physiology. It is time to sweep away these
relics of the past and set further generations free of them.
Federal
agencies and institutions responsible for the enforcement of equal opportunity
laws need the authority of a Constitutional amendment. The 1964 Civil
Rights Act and the 1963 Equal Pay Act are not enough; they are limited
in their coverage -- for instance, one excludes teachers, and the other
leaves out administrative and professional women. The Equal Employment
Opportunity Commission has not proven to be an adequate device, with its
power limited to investigation, conciliation, and recommendation to the
Justice Department. In its cases involving sexual discrimination, it has
failed in more than one-half. The Justice Department has been even less
effective. It has intervened in only one case involving discrimination
on the basis of sex, and this was on a procedural point. In a second case,
in which both sexual and racial discrimination were alleged, the racial
bias charge was given far greater weight.
Evidence
of discrimination on the basis of sex should hardly have to be cited here.
It is in the Labor Department’s employment and salary figures for anyone
who is still in doubt. Its elimination will involve so many changes in
our State and Federal laws that, without the authority and impetus of
this proposed amendment, it will perhaps take another 194 years. We cannot
be parties to continuing a delay. The time is clearly now to put this
House on record for the fullest expression of that equality of opportunity
which our founding fathers professed. They professed it, but they did
not assure it to their daughters, as they tried to do for their sons.
The
Constitution they wrote was designed to protect the rights of white, male
citizens. As there were no black Founding Fathers, there were no founding
mothers -- a great pity, on both counts. It is not too late to complete
the work they left undone. Today, here, we should start to do so.
In
closing I would like to make one point. Social and psychological effects
will be initially more important than legal or economic results. As Leo
Kanowitz has pointed out:
Rules
of law that treat of the sexes per see inevitably produce far-reaching
effects upon social, psychological and economic aspects of male-female
relations beyond the limited confines of legislative chambers and courtrooms.
As long as organized legal systems, at once the most respected and most
feared of social institutions, continue to differentiate sharply, in
treatment or in words, between men and women on the basis of irrelevant
and artificially created distinctions, the likelihood of men and women
coming to regard one another primarily as fellow human beings and only
secondarily as representatives of another sex will continue to be remote.
When men and women are prevented from recognizing one another’s essential
humanity by sexual prejudices, nourished by legal as well as social
institutions, society as a whole remains less than it could otherwise
become.
For
more information about Shirley Chisholm, click here.
The following words
comprise the entire text of the Equal Rights Amendment (ERA), affirming
the equal application of the U.S. Constitution to both females and males.
Section 1. Equality
of rights under the law shall not be denied or abridged by the United
States or by any state on account of sex.
Section 2. The Congress
shall have the power to enforce, by appropriate legislation, the provisions
of this article.
Section 3. This
amendment shall take effect two years after the date of ratification.
The
ERA was written in 1923 by Alice Paul, suffragist leader and founder of
the National Woman's Party. She and the NWP considered the ERA to be
the next necessary step after the 19th Amendment (affirming women's right
to vote) in guaranteeing "equal justice under law" to all citizens.
The
ERA was introduced into every session of Congress between 1923 and 1972,
when it was passed and sent to the states for ratification. The seven-year
time limit in the ERA's proposing clause was extended by Congress to June
30, 1982, but at the deadline, the ERA had been ratified by 35 states,
leaving it three states short of the 38 required for ratification. It
has been reintroduced into every Congress since that time.
For a more comprehensive
historical account of the ERA, click here.