Position paper on the Equal Rights Amendment and its effect on Florida laws. Local participation in state and national issues: Alliance for Ratification of the Equal Rights Amendment / Jacksonville Coalition for the Equal Rights Amendment (ERA), 1972-1975?

ERA-74 Staff

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University of North Florida UNF Digital Commons National Organization for Women, Jacksonville, Florida, and Jacksonville Women's Movement Collection Special Collections April 2021 Effect of the ERA on Florida Laws ERA-74 Staff Follow this and additional works at: https://digitalcommons.unf.edu/nowjaxmaterials  Part of the Social History Commons, and the Women's History Commons Recommended Citation Effect of the ERA on Florida Laws. No date. National Organization For Women, Jacksonville, Florida, and Jacksonville Women's Movement Collection. University of North Florida, Thomas G. Carpenter Library Special Collections and Archives. UNF Digital Commons, https://digitalcommons.unf.edu/nowjaxmaterials/56/ This Archival Material is brought to you for free and open access by the Special Collections at UNF Digital Commons. It has been accepted for inclusion in National Organization for Women, Jacksonville, Florida, and Jacksonville Women's Movement Collection by an authorized administrator of UNF Digital Commons. For more information, please contact Digital Projects. © April 2021 All Rights Reserved Prepa red by ERA-74 StaffEFFECT OF THE ERA ON FLORIDA LAWS The proposed 27th amendment to the United States Constitution, the equal rights amendment, has been . before the American people and their representatives since 1923 38 states-must ratify the amendment 33 states have already done so, 5 more are needed. During this last So years the status of women in many instances has not improved and they have not been given the equal treatment theoretically available to all citizens. The purpose of this amendment is not to take women out of the home or downgrade the roles of mother and housewife. Rather by guaranteeing the legal rights of women it will uphold each woman1s right to choose her place in society. There has been a great deal of misinformation about the amendment. In order to make an intelligent decision about fatification we must consider unemotional facts. In the words of the United Sta tes Senate r eport "The amendment will apply only to govermental action: it will not affect private action or the purely . social relationships b etween men and women. 11 The fear that inva sion of private behavior will be the ine vitable aftermath of the equal rights amendment rests upon two unwarranted assumptions (1) That mere ratification will work radicalchange s in private lives and (2) That the courts of this nation will sanctio n effort to extend the principle of equality into areas clearly not s upported by either the language or the legislative history of the amendment. Also of major impor tance in any consideration of the amendment is it's Section 3, providingan effective date two years afte r fatific a tion by the requisite n umbe r of states. That provision guarantees an extended p e r iod during w hich ccnforiming adjustments can b e made to existing law. It must be remembered that the state legislatures have the freedom to choose what they consider the most appropriate response from the many and varied alternatives. The staff of ERA- 74 a coalition of some twenty sta t ew i d e organizations in Florida working to gethe r fo r t he .fatific a tion of t he amendme nt in Flordia has compEe d the following report on the e ffec t of the ERAon Florida laws. Because of the 1968 Constitution and because of rev1s1ons of certain laws since then ratification of the ERA will have less effect in Florida than in most othe r states. FAMILY LAW: Florida's "no-fault" divorce law (Fla. Sta t 61. 071 e t s eq and 61. 13) whereby alimony is decided on need and ability to pay and child custody is decided by what is best for the child is in compliance with the ERA 'since there is no discrimination by sex. This practice has been ·widespread in r e cent years anyway and the concept of "living in luxury on alimony" is a myth when past statistics are reviewed. Husbands will still support their wives as a lways and women will still be free to choose homemaking a s a fulltime car e er. However if they opt for a career outside the home the ERA will guarantee equality of opportunity in employment. CRIMINAL LAW: Some rape statutes have already been amended to read person rather than female (Sec. 794. 01 Fla. Stat. ) changes have been ;171ade to extend much needed protection to young boys. Charges the ERA will legalize rape are rideculous--it is still a criminal assault and punishable, and such laws much protect both men and women. Florida Statutes (Se c. 796. 03) already define prostitution as sexual intercouse for hire regardless of the sex of the individual. Statutes a ffecting one sex or the other because of unique physical characteristics, such as abortion, maternity benefits, etc, would not be affected. Unlike some states Florida law does not require longer sentences be imposed on women than men for the same crime. LA BOR LAWS: Florida law makes no distinction between men and women in legislation about minimum wages, working hours and other conditions of employment. There are a few "protective" laws d e aling with age discriminatd.on for certain types of jobs (Sect. 450. 041 450. 041, and 450. 071) and one statute dealing with females and gambling establishments (Sec. 449. 10) but the effect of the amendment will b e very limited in this area. PROPERTY LAWS: Most inequities in this area have been theoretically corre cted by the 1968 Constitution and?/ or subsequent legislation (Cha p 708) Men and women have theoretical equality with respect to control and distribution of property both real and personal. The dowe r rights inequity was eliminated in 1973 when the word widow was changed to read surviving spouse (Chap 73-107 Sec 731. 34, 35. and36 Se c 733. 09, 10, 11, 13, 14.) COMMERCIAL TRANSCA TIONS: Sex inequities in this area were e limina t e d when Florida adopted the Uniform Commercial Code. Se na te Bill 393, 1973 eliminated discrimination in 3 specific areas obta ining cr e dit, making loans, and equal pay for equal work. This is a fine concept, but as adopted, is too limited, applies only to p rivate corporations, and can be amended or repealed. The ERA would exte nd this concept to govermental agencies where probably more sex discrimination in employment practices exist than in any other a r e a. :RIGHTS OF PRIVACY There is no legal basis for the fear of having to use common rest-rooms. The constitutional right of privacy was e stablishe d in a 1965 U.S. Supreme Court Case, Grizwold vs. Connecticut It would no longer be legal to refuse to hire women because only one bathroom is available a second would have to be built or other a rra ngements made so each sex has privacy. In conclusion, the ERA will casue a few relatively uncomplicated legal cha nge s fewer than in most states. The state of Washington has already f : ratified the ERA adopted a state ERA and brought their laws into c onformity with the 27th amendment. Florida because of recent progress in equa lizing its legal syste m should face a similar uncomplicated t as k. Ratification of the ame ndment would mean one more step toward full legal equality of all its citizens, regardless of sex. 

Effect of the ERA on Florida Laws

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Effect of the ERA on Florida Laws

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