Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site harvard.ARPA Path: utzoo!linus!philabs!cmcl2!seismo!harvard!winkler From: winkler@harvard.ARPA (Dan Winkler) Newsgroups: net.women Subject: Why the ERA didn't pass Message-ID: <132@harvard.ARPA> Date: Thu, 16-May-85 16:51:40 EDT Article-I.D.: harvard.132 Posted: Thu May 16 16:51:40 1985 Date-Received: Sun, 19-May-85 04:15:43 EDT Distribution: net Organization: Aiken Computation Laboratory, Harvard Lines: 81 Here's a brief summary of what I found out about why the ERA didn't pass. If there's interest, I'll post actual quotes and more specific data, but for now I'll just give a short paraphrase. The two main sources of opposition to the ERA that I investigated were the STOP-ERA movement (led by Phyllis Schlafly) and the Mormon Church. Here are some of the claims they made: 1. Women Belong in the Home Schlafly expressed this sentiment bluntly, saying that being a homemaker is the ultimate fulfillment for a woman. 2. There Are Differences Between Men and Women that the ERA Ignores The Mormon position was that there are emotional, biological, and other differences between men and women. That's not a very specific statement, and I suppose it could be interpreted to mean some of the same thing as point 1 above. 3. Discrimination Against Women is Better Fought by Specific Legislation The Mormon position is that specific legislation will allow you to discriminate between men and women based on natural differences. This too is quite vague, but I suppose it means that you could have separate bathrooms, can provide special considerations for pregnant women, and so on. They point out that even with the ERA, specific legislation is still needed to enforce it and that the ERA only deals with discrimation by the government. 4. The ERA Would Make It Harder to Stop Abortion The Mormon Church is opposed to abortion and felt that the ERA could imply that women should have all conceivable freedoms, including that of abortion. 5. The ERA Would Condone Homosexual Marriages The Mormon concern was that Homosexual couples could adopt children. 6. The ERA Might Cause Women to be Drafted into Combat Positions The Mormon stand is that immunity from the draft is a traditional privilege for women that should not be removed. I was amused that they also questioned the morality of housing male and female troops together, but did not question the morality of war itself. 7. The ERA Would Transfer More Power to the Federal Government The Mormon position paper pointed out that the ERA would involve the federal government in certain domestic issues (like divorce) which have formerly been handled by the state. 8. The ERA is Redundant Because of the 14th Amendment and Other Legislation The 14th amendment already protects all people, women included. Also, many specific laws exist to protect women. 9. The ERA is Too Vaguely Worded The Mormon paper admits that it's impossible to tell if its fears would actually come true under ERA, but charge that only time will tell how the courts will interpret it. They also suggest that the courts will look to the Congressional Record to find out what the lawmakers were thinking and find that specific restrictions to the ERA (such as one concerning military service) were kept out. Those are some of the main points. To discuss this intelligently, we should also have a copy of the ERA and the 14th amendment, but I'm too pressed for time to type them in right now. The Mormon position paper I used is called "The Church and the Proposed Equal Rights Amendment: A Moral Issue". I think I've paraphrased the views expressed in it accurately, but if there's any question I will supply actual quotes. Dan. (winkler@harvard)