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.