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O’Connor ambivalent about ERA in speech to ASU women

Hannah Elsmore Arizona Capitol Times//December 7, 2023//[read_meter]

O’Connor ambivalent about ERA in speech to ASU women

Hannah Elsmore Arizona Capitol Times//December 7, 2023//[read_meter]

In a form letter sent in February 1974, Sandra Day O’Connor wrote, “There is a saying that two things are certain – death and taxes. A third certainty is that the Thirty-first Legislature will not ratify the Equal Rights Amendment.”

O’Connor held a moderate Republican stance in politics while working tirelessly to clear a path for women in the professional field. She was known as a question-raiser who was never too quick to trust, and often described as pragmatic.

Despite her high class standing at Stanford Law School, she was only offered a secretarial position at a major law firm after graduating. This would not suffice for a pioneer like O’Connor.

Her thoughts on the ratification of the 1972 Equal Rights Amendment (ERA) – which was designed to guarantee protection against sexual discrimination for women under law – can provide clarity as to her beliefs surrounding women’s equality.

O’Connor spoke to the Associated Women Students at ASU in 1970, where she said, “A woman’s place is in the home, but it is in other places, too. It is in the professions, in government, in civic affairs, and in business, generally,” O’Connor said. “When the good Lord handed out talent and ability, he didn’t ask the parents whether they were to be given to a boy or girl.”

At the time, women were paid 58 cents for every dollar a man received.

Women received less opportunity in the job force due to discrimination, O’Connor said, as well as choice and custom, which caused them to be paid a smaller amount.

“Women tend to have jobs as clerks, cosmetologists, typists or low-paid technicians,” O’Connor said. “They seldom work as painters, carpenters, truck drivers and engineers.”

In her speech, O’Connor cited Title VII of the federal Civil Rights Act, which forbade discrimination in employment on the basis of sex, race, religion, color or national origin. She said despite Arizona having similar laws, there were still regulations as to how many hours a woman could work or the types of jobs they could have.

The laws designed to protect women were actually harming their careers, O’Connor said, because businesses were not inclined to hire women in case they would work overtime – among other reasons.

O’Connor said she was not quite sure the ERA was “necessary” and that many women were personalizing their experiences rather than thinking of the direct impact it would make.

“Discrimination against women is least in government service and is highest in the private sector,” O’Connor said. “Fortunately, I like government service very much indeed, and it has been a very happy solution for me. Once a woman has gained some experience and earned a reputation as a capable person, she is in greater demand – at least in public and civic service.”

American women have the “greatest opportunity in the world” to have the freedom of choice when it comes to their family life and career paths, O’Connor said. She described joy as “work and love” and said a woman working makes her a more interesting and dynamic individual to her family as well.

“When I have become too verbose at home, he (her husband) can remind me to save my remarks for the floor of the Senate where they are paid to listen to me,” O’Connor said.

Paul Bender, professor of law and dean emeritus for the Sandra Day O’Connor College of Law, said her strong presence in the court itself was what opened space for other women to follow.

“The way she went on the court was so important,” Bender said. “She got along with everybody, and everybody respected her, it wasn’t a matter of tension. Her presence was so well accepted by everyone that it helped women get more places on courts on the state and federal level throughout the country.”

Approval of O’Connor by all political parties and colleagues paved a path for other women in the judicial field, Bender said.

There had to be a first woman on the Supreme Court, and that was O’Connor. Bender said her attitude and charisma made it that much easier for individuals to imagine other women holding similar positions.

As to the Equal Rights Amendment, O’Connor was not overtly for or against it, but she put her trust in litigation to decide its outcome. At the time, she said the amendment “stands in the tradition of other great amendments to the Constitution.”

Though the ERA was not ratified, O’Connor urged women to pursue careers in politics – as the field could not often provide the salary or stability of normal careers men pursue.

“One advantage to being a woman in politics is that while it is not too difficult to put your foot in your mouth in politics, it is a lot harder to do when you are wearing high heels,” O’Connor said.

 

 

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