The Women of Ellensburg: Issues of Women in Washington State
Legal Status of Women
The Equal Rights Amendment
Provisions and History of the ERA
The main article proposed as the Equal Rights Amendment to the United States Constitution states:
"Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex."
Other articles of the proposed amendment give Congress the power to enforce the provisions of this article and state that the amendment will take effect two years after the date it is ratified. The ERA, which was first introduced in Congress in 1923, was approved by the U.S. House of Representatives on October 21, 1971, by a vote of 354 to 23 and by the Senate March 22, 1972, by a vote of 84 to 8.
The Equal Rights Amendment to the Constitution of the State of Washington, similar in wording to the federal ERA - the major difference is that "and responsibility" follows the word "rights" - was approved by Washington voters in November, 1972. Washington is now one of 15 states having a state ERA in its constitution.
In 1973, Washington became the 30th state to ratify the federal ERA. Twenty-two states had ratified it in 1972, in 1973, eight more states ratified it. In 1974, the trend towards speedy ratification changed, with only three states ratifying that year; one ratified in 1975, none in 1976, and one so far in 1977. Thirty-five states have now ratified the ERA; thirty-eight must ratify it by March 22, 1979, for the ERA to become part of the U.S. Constitution, although pro-ERA people are attempting to have this deadline postponed. Three states have ratified, then rescinded the ERA. The validity of these states' ratifications may have to be resolved by Congress.
If approved, the Equal Rights Amendment would be part of the United States Constitution and, thus, a perrflanent legal statement prohibiting sex discrimination. Its status would be significantly different from that of laws such as the equal employment legislation of the 1960's, Title IX of the Education Amendments of 1972, and the Equal Credit Act of 1975 because, as laws, the latter are subject to change according to political and economic fluctuations.
Some Arguments For and Against the Federal ERA
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CON
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PRO
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The rash of legislation of the 1960's and 1970's prohibiting discrimination aginst women in employment, education, credit, and other fields adequately protects women's rights.
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The ERA is needed to provide a permanent, well-known remedy for eliminating sex discrimination. The U.S. Supreme Court has never articulated a general principal in this area, but has treated cases of gender discrimination inconsistently.
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The federal ERA pre-empts the power of the states. The federal government already has too much power and cannot be depended upon to use this power wisely.
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States would retain the rights to decide policies and make statutes consistent with the goals of the ERA. States would have two years to revise and implement their laws.
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The ERA is too vague and opens the door to too many possibilities for eliminating rights women now have.
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In Washington, which has a state ERA, none of the ill effects forecasted by opponents of the federal ERA have occurred.
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Labor laws that protect women would be eliminated. Women would either have to do work they don't want to do or find very difficult to do or they would lose their jobs.
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Laws that provide protection would be extended to include men, while those which are discriminatory and restrictive would be eliminated. Laws would be rewritten in terms of function and role rather than sex.
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If there is a draft, both men and women who meet physical and other requirements will be subject to conscriptions. Mothers could be off fighting while fathers are left home with the children.
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It is possible to draft women now without the ERA. Parents could determine which partner was responsible for child care and have that spouse deferred while the other would be liable for service.
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The ERA will permit no exceptions to the non-discrimination rule for the military. Women will serve in all kinds of units, and they will be eligible for combat duty, where they could not avoid the possibility of physical harm.
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Military policy based on combat effectiveness determines who is eligible for combat. Brutalizing young men is as undesirable as brutalizing young women. Women soldiers deserve equal opportunity for training, advancement, and henef its.
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The ERA would prohibit dictating roles for men and women on the basis of sex. Traditional role models would be destroyed.
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The ERA would affect government actions, not social or personal relations. Couples would be free to allocate privileges and responsibilities between themselves.
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Under the ERA, women would lose their right to be supported financially by their husbands within marriage.
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Support within marriage is a matter of custom, has never been guaranteed by law, and would be unaffected by the ERA.
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Wives and mothers would not be awarded alimony or child support after marital dissolution.
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In Washington, which has a state ERA, many factors including ability to earn a living are considered in determining dissolution settlements.
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The ERA would cause homemaker wives and widows to lose present eligibility for Social Security benefits based on their husbands' coverage, and husbands would have to pay additional taxes to keep such coverage for their wives.
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The ERA would extend social security benefits to husbands and widowers and would not affect husbands contributions to Social Security for wives.
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The ERA would not permit rape and prostitution laws because they are sex discriminatory by nature.
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Rape laws will be justified as deriving their sex bias from physical realities. Prostitution laws could be extended equally to men.
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Rights of privacy would be infringed. Prison cells, barracks, and bathrooms would be integrated, as one sex could not be excluded.
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The Supreme Court has ruled that there is a constitutional right to privacy while disrobing, sleeping, performing bodily functions, and in many other situations.
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Homosexuals would be allowed to marry under the ERA and to adopt children.
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The ERA deals with issues related to gender discrimination, not sexual behavior. Laws prohibiting homosexual marriage would not be affected as long as the same laws affect both men and women.
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The ERA is too vague and not tested sufficiently by the courts. The meaning is unclear, and it is impossible to predict how it will be interpreted until it becomes part of the U.S. Constitution. By then, it may be too late.
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"Legislative precedent" already exists for interpreting the ERA. Governors in 15 states that have an ERA have assessed the impact of this legislation; they agree that in no state have women lost any rights because of state ERA's.
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Legal Status of Women in Washington State
A number of laws concern themselves with the legal status of women in Washington State. These include:
Community Property
A fundamental principle of Washington's community property law is that a husband and wife make equal contributions to their marital community when one works outside the home and the other maintains the home and cares for the children. Property acquired before marriage is separate; property acquired during marriage is community property.
Widowhood
At death, debate over what is separate and what is community property can be avoided if the husband and wife have entered into a community property agreement. If there is no will, the surviving spouse receives the deceased partner's share of community property; she/he will receive the decedent's separate property only if there are no other surviving immediate family members. Half of the community property is subject to federal estate and inheritance taxes; if up to one-half of the deceased spouse's separate property passes to the surviving spouse, that portion will not be taxed.
Women of various political leanings have recommended that taxation on all transfers of property between husband and wife at death be eliminated. Federal law was revised in 1976 to allow the surviving spouse to inherit without tax $250,000 or one-half the estate, whichever is greater. Tax credits are allowed such that, by 1981, $425,625 will be exempt.
Dissolution
In 1975, 58 divorces occurred in Washington State for every 100 marriages. Washington has no-fault divorce and, if both partners agree on property settlements the courts do not interfere.
If the courts do get involved, property is divided after considering such factors as the duration of the marriage, the economic circumstances of each spouse (including who will have custody of children), the nature and extent of community and separate property, the ability of the spouse to support him or herself, and the ability of the spouse from whom maintenance is sought to provide it.
A problem encountered after dissolution is that women frequently have difficulty collecting child support even after it is awarded.
Credit
As of June 1, 1977, Washington state creditors must report accounts to the credit bureau in such a manner as to reflect the participation of both spouses if both spouses are contractually liable for their account or if both are permitted to use the account. This regulation helps overcome a frequent problem that was experienced by many a Washington state woman who was denied credit because her credit history was in her husband's name.
Other State Laws
Other Washington state laws directly affecting women are discussed in these sections of this report: Family Life, Economic Independence, Violence Against Women, Education, Employment, Child Care, Reproductive Decisions, Rural Women, Racial/Ethnic Minorities, and Poverty and Women.