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For the Equal Rights Amendment - Shirley Chisholm
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| Parent | Parent Candidate |
| Contributor | Thomas Walker |
| Post Date | , 12:am |
| Description | 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. |
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