¹ ECOSOC Consultative Committee for the World Conference of the International Women’s Year’s Draft International Plan of Action, E/CONF.66/CC/2, Feb. 8, 1975, [hereinafter IWY Draft Plan of Action], para. 9. The Plan was prepared for the Committee by the UN Secretariat pursuant to paragraph 7 of General Assembly Resolution 3277 (XXIX), Dec. 10, 1974.

² E/CONF.66/CC/2, Feb. 8, 1975.

³ IWY Draft Plan of Action, para. 117.

⁴ In 1874, the United States Supreme Court had held, in Minor v. Happersett (88 U.S. (21 Wall.) 162) that the U.S. Constitution had not made suffrage coextensive with the citizenship of the states. “No argument as to woman’s need of suffrage can be considered,” Chief Justice Waite stated for a unanimous Court and added that, “We can only act upon her rights as they exist. It is not for us to look at the hardship of withholding. Our duty is at an end if we find it is within the power of a State to withhold.” Id. at 178. The Waite opinion has been characterized by one writer as “a deliberate copy of Chief Justice Taney’s opinion in Dred Scott v. Sandford,” (60 U.S. (19 How.) 393 (1857)). Hodes, A Disgruntled Look at Reed v. Reed, 1 Women’s Rights Law Reporter, 9, 11 (Spring 1972).

⁵ IWY Draft Plan of Action, para. 60.

The absence of women in “power posts of decision-making” at the United Nations has been criticized by the UN Employees for Equal Opportunity (UNEEO). This group has announced that responses to a questionnaire which it circulated to obtain complaints of sex bias have confirmed “our contention that International Women’s Year is a farce as far as U.N. women are concerned.” Wall Street Journal, Dec. 5, 1974, at 1.

A 1975 study released by the Capitol Hill Women’s Political Caucus found that the median women’s salary on Capitol Hill is $10,260.00 while the median men’s salary is $17,670.00. Parade, Dec. 14, 1975.

A 1975 Worldwatch Institute report on the status of women in global politics by Kathleen Newland concluded that the next quarter century could see a major upswing in public officeholding by women around the world. “The real core of the changes now going on,” she wrote, “is what women now expect for themselves.” Christian Science Monitor, Dec. 8, 1975.

⁶ 94 S.Ct. 1704 (1974).

⁷ Id. at 1718.

⁸ 368 U.S. 57 (1961).

⁹ Ginsburg, Constitutional Aspects of Sex-Based Discrimination 26 (1974).

¹⁰ 95 S.Ct. 692 (1975).

¹¹ 95 S.Ct. 692, 700, fn. 17 (1975).

¹² IWY Draft Plan of Action, para. 17.

¹³ Id. para. 74.

¹⁴ 95 S.Ct. 1373, 1378(1975).

¹⁵ IWY Draft Plan of Action, para. 66.

Materials are being published for use by educational institutions by the Resource Center on Sex Roles in Education, Washington, D.C. (an affiliate of the National Education Association’s National Foundation for the Improvement of Education) and by Feminist Press, a nonprofit, educational publishing organization, State University of New York at Old Westbury. See, Education and Sex-Role Stereotypes, N.Y. Times, Nov. 23, 1975. See also the “National Assessment of Educational Programs,” a six-year study directed by Dr. Roy H. Forbes for the Educational Commission of the States, Denver, Colorado, summarized in Time, Oct. 27,1975, at 60 and N.Y. Times, Oct. 13,1975, at 32. For response to HEW regulations regarding equality in school athletics, see Universal Press Syndicate’s Doonesbury, week of Sept. 16, 1974 and Tank McNamara, week of June 23, 1975; Educational, Credit, Sports … Barriers to Women Keep Falling, U.S. News & World Report, July 21,1975, at 21; and Women’s Groups and Educators Urge Approval of Sex Bias Rules, N.Y. Times, June 26, 1975.

¹⁶ Kirstein v. Rector & Visitors of the University of Virginia, 309 F.Supp. 184/E.D. Va. 1970.

¹⁷ 401 U.S. 851 (1971). As a result of legislation by the South Carolina General Assembly in 1972 and 1974 Winthrop College (no longer the “South Carolina College for Women”) is fully coeducational. See S.C. Code Ann. §§22-401–03, 408, 412.

¹⁸ Williams v. McNair, 316 F.Supp 134 (D.S.C. 1970), at 137.

¹⁹ IWY Draft Plan of Action, para. 67.

²⁰ P.L. No. 92-318, Title IX, 86 Stat. 235 (1972), codified in various sections of the United States Code. The legislation is sometimes referred to as the Higher Education Act of 1972.

²¹ 42 U.S.C. §2000(e).

²² 20 U.S.C. § 1681(a).

²³ IWY Draft Plan of Action, paras. 141–51.

Recent books intended to “raise public consciousness with respect to the changing roles of women and men” include: Mike McGrady, The Kitchen Sink Papers; Jack Nichols, Men’S Liberation; Nora Ephron, Crazy Salad: Some Things About Women; Martha Saxton, Jayne Mansfield; Richard Nash, Cry Macho; Judith Rossner, Looking for Mr. Goodbar; Amaury de Reincourt, Sex and Power in History; Marabel Morgan, The Total Women; George Gilder, Sexual Suicide, and Naked Nomads. Attention is called to the unprecedented acquisition rate and activity of the 32-year old Arthur and Elizabeth Schlesinger Library on the History of Women in America at Radcliffe College.

²⁴ But see Virginia Slims advertising, passim: “You’ve Come a Long Way, Baby!”

²⁵ Comment, NOW v. WABC-TV: Sexism in the Media, 1 Women’s Rights Law Reporter 48 (Spring 1973). NOW also initiated the proceedings in the case of Pittsburgh Press v. Pittsburgh Commission on Human Relations (413 U.S. 376 (1973)). There the Supreme Court applied the commercial speech doctrine of Valentine v. Chrestensen (316 U.S. 920 (1942)) and ruled that the First Amendment did not protect the Press from Pittsburgh’s “Human Relations Ordinance” as construed to forbid newspapers from carrying “help-wanted” advertisements “in sex-designated columns except where the employer or advertiser is free to make hiring or employment referral decisions on the basis of sex” due to “bona fide occupational qualifications” (413 U.S. 376, 37 (1973)).

²⁶ IWY Draft Plan of Action, para. 18.

Some UN documents on the New International Economic Order were found by International Planned Parenthood Federation Secretary-General Julia Henderson to have been “written by men for men” and to show a “magnificent unconcern about the affairs, the conditions or the participation of women.” IPPF News, Nov. 1975. In their new book, Women in the Kibbutz, anthropologists Tiber and Shepher argue that “traditional sex patterns are so strong they have even overwhelmed the declared ideology of sexual equality in Israel’s rural collectives.” Time, Oct. 27, 1975, at 60.

²⁷ 83 U.S. (16 Wall.) 130 (1873). Arabella Babb Mansfield became the first woman to be admitted to the bar in the United States when she was admitted to practice in Iowa in 1869.

²⁸ Id. at 132.

²⁹ Id. at 141.

³⁰ 335 U.S. 464(1948).

³¹ See the Andy Capp comic strip, passim.

³² 335 U.S. 464, (1948).

³³ Sail’er Inn, Inc. v. Kirby, 5 Cal. 3d 1 (1971). The decision also rested on provisions of the California constitution.

³⁴ 411 U.S. 677(1973).

³⁵ Id. at 684.

³⁶ Taylor v. Louisiana, 95 S.Ct. 692, 700 (1975).

³⁷ IWY Draft Plan of Action, para. 86.

³⁸ 94 S.Ct. 1734(1974).

³⁹ Id. at 1736–37 (1974) (footnotes omitted).

⁴⁰ 95 S.Ct. 1225(1975).

⁴¹ Id. at 1237.

⁴² IWY Draft Plan of Action, para. 106.

⁴³ 29 U.S.C.A. §213(a) (1972).

⁴⁴ 29 U.S.C. §206(d) et seq. (1970).

⁴⁵ P.L. 93–383 (Aug. 22, 1974).

⁴⁶ 12 U.S.C §1701 et seq.

⁴⁷ 42 U.S.C. §3601 et seq. (1968).

⁴⁸ H.R. 11221, Title VIL, 93d Cong., 2d Sess. (1974).

⁴⁹ 15 U.S.C. §1601 et seq. (1968).

⁵⁰ H.R. 11221, Title II, §701(a). See Plikoff, Legislative Solutions to Sex Discrimination in Credit: An Appraisal, 2 Women’s Rights Law Reporter 26 (Dec. 1974).

⁵¹ 208 U.S. 412 (1908).

⁵² Id. at 421.

⁵³ IWY Draft Plan of Action, para. 89.

⁵⁴ Cleveland Board of Education v. LaFleur, 414 U.S. 632 (1974).

⁵⁵ Geduldig v. Aiello, 94 S.Ct. 2485 (1974).

⁵⁶ 404 U.S. 71, (1971).

⁵⁷ Id. at 73.

⁵⁸ Id. at 75.

⁵⁹ Id. at 76.

⁶⁰ 405 U.S. 645 (1972).

⁶¹ 321 U.S. 158, 166 (1944).

⁶² Meyer v. Nebraska, 262 U.S. 390, 399 (1923).

⁶³ Stanley v. Illinois, 405 U.S. 645 at 647 (1972).

⁶⁴ Id. at 658.

⁶⁵ 391 U.S. 68 (1968).

⁶⁶ Stanley v. Illinois, 405 U.S. 645, 651–52, (1972); Levy v. Louisiana, 391 U.S. 71–72 (1968).

⁶⁷ 401 U.S. 532 (1971).

⁶⁸ Id. 536, n. 6.

⁶⁹ 92 S.Ct. 1400(1972).

⁷⁰ 411 U.S. 677(1973).

⁷¹ Id. at 678.

⁷² ld. at 684.

⁷³ Id. at 684. Citing generally L. Kanowitz, Women and the Law: The Unfinished Revolution, 5–6 (1969); G. Myrdal, An American Dilemma 1073 (2d ed. 1962); The President’s Task Force on Women’s Rights and Responsibilities, a Matter of Simple Justice (1970).

⁷⁴ 411 U.S. 677, 693 (1973). For a historical argument in favor of judicial resolution of the issue, see Johnston & Knapp, Sex Discrimination by Law: A Study in Judicial Perspective, 46 N.Y.U.L. Rev 675 (1971). See also, Equal Rights for Women: A Symposium on the Proposed Constitutional Amendment, Harvard Civil Rights L. R. 215–87 (1971).

⁷⁵ Draft IWY Plan of Action, paras. 17, 66, 67, 91, 104, 107, 108, 109, 110, 111, 127(iii).

⁷⁶ 381 U.S. 479 (1965).

⁷⁷ 405 U.S. 438 (1972).

⁷⁸ 93 S.Ct. 705 (1973).

⁷⁹ 93 S.Ct. 739 (1973). Outstanding is the question of the right of a husband to forbid an abortion. See Doe v. Doe, 43 LW 1013 (1975).

⁸⁰ Limitations on that right were summarized by Mr. Justice Blackmun in Roe v. Wade (410 U.S. 113113, at 164–65 (1973). “For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, ifit chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.” Ibid.

⁸¹ 93 S.Ct. 705, 735 (1973).