By MARGARET COWDEN
Executive director of the Illinois Commission on the Status of Women, she has been a teacher, editor, and free-lance writer.
Computer used to search out sex discrimination in laws
THE BILL of Rights of the 1970 Illinois Constitution guarantees equal rights to the women of this state. Whether or not the Equal Rights Amendment to the U.S. Constitution is ratified, the women living under Illinois' law are guaranteed equal protection and may not be discriminated against, according to the state Constitution.
"The equal protection of the laws shall not be denied or abridged on account of sex by the State or its units of local government and school districts" (Art. I, sec. 18, 1970 Constitution).
"All persons shall have the right to be free from discrimination on the basis of race, color, creed, national ancestry and sex in the hiring and promotion practices of any employer or in the sale or rental of property.
"These rights are enforceable without action by the General Assembly, but the General Assembly by law may establish reasonable exemptions relating to these rights and provide additional remedies for their violation" (Art. I, sec. 17, 1970 Constitution). Equality is the law of the state, if not the law of the land. The constitutional directives are quite clear for Illinois. But, the old laws must each be changed by the General Assembly to provide equal status to men and women.
The Illinois Commission on the Status of Women has prepared 55 equal rights bills, and the commission's Legislative Action Committee has located and reviewed laws which perpetuate sex discrimination. Programming a computer to locate sex related words, the laws appearing in the Illinois Revised Statutes were run through the computer. Statutes with sex related words were then reviewed for needed legislative change. The deletion or addition of a word or two is often all that is needed to benefit men and children, as well as women.
For example, one section of the statutes reads, "The marriage of a female ward terminates the right other guardian to her custody . . . ." By deletint the word "female" and using both "his" and "her," protection is extended to males (Chapter 3, section 312). Equality of law can be highlighted in the statutes dealing with aid to dependent children, charities and public welfare. Substituting "parent" for "mother" in the sentence "contributions made for the benefit of the mothers . . ." extends coverage to fathers (Ch. 23, sec. 4-1.6). Motherless and fatherless homes are facts of life; children of both equally require assistance. "There shall be no discrimination or denial of financial aid and social services . . ." (Ch. 23, sec. 11-1), and in the list of reasons following this statement, sex would be included as a reason for nondiscrimination.
Few women engaged in public affairs have not felt the sting of humiliation when passed over for board or committee appointments. In Chapter 19 there are 17 sections where discriminatory language exists. For example: "... men of recognized business ability . . . ." Again, in Chapter 24, section 9-1-4, under boards and committees on local improvements, representation is called for from ". . . experienced and capable men of good character. . . ." What about experienced and capable women of good character? Many boards and committees have long been exclusive male preserves; a change in the law will not throw open the doors to women, but it will make their crossing the threshold a legal step.
At present, mayors may call only on men for aid in enforcing laws and ordinances (Ch. 24, sec. 3-11-4). Men only may be commanded to aid police officers and be exempted from civil liability in performance of this duty (Ch. 38, sec. 107-8, a, b, c). As the law stands, sex is not included as a discriminatory practice to be investigated and acted upon under the Division for Enforcement of Civil and Equal Rights under the attorney general's office (Ch. 14, sec. 9).
It is impractical to list all the equal rights legislation currently under consideration. Other legislation will deal, for example, with the reality that some veterans are females, and the opening of specialized educational institutions to women. State marriage laws use the word coverture which implies taking care of the female by the male. Bills have been drafted to change the word coverture to marriage. An amendment to the Fair Employment Practices Act is being reintroduced, providing Fair Employment Practices Commission with initiatory powers and expansion of jurisdictional coverage.
How successful have equal right advocates been in the past? In the 78th General Assembly, Public Act 78-1129, providing for survivor's benefits for spouses, rather than just widows of governmental employees, is now law. P.A. 78-861 amended the Wrongful Death Act in a similar manner. Discrimination on the basis of sex or marital status in the issuance of credit cards is prohibited by P.A. 78-839. The Mechanics Lien Act was revised to give the same right to a married woman as the act previously provided for the husband (P.A. 78-846). The University Civil Service System Act was amended to prohibit discrimination in employment on the basis of sex or national origin (P.A. 78-842). The requirement that the Illinois Department of Labor maintain separate rooms for the use of women registering for jobs was eliminated by P.A. 78-845. Substitution of the word "individual" for "minors" or "married women" amended the act permitting investments by married women (P.A. 78-841). Discrimination in employment under contracts for public buildings and public works is prohibited by P.A. 78-848. These are only a few examples of equal rights legislation which have become law in Illinois. In the 1973 legislative session, out of 39 legislative proposals pertaining to the elimination of sex discrimination, 22 were approved and sent to the governor.
June 1975/Illinois Issues/167