Page 1 Montana Constitutional Convention records, 1971-1972. |
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yXVTlQy. il»m fflliimill. CMIill STATE CAPITOL '/97i.vfi^ Vice Chairman LOCAL GOVERNMENT COMMITTEE VIRGINIA H. BLEND, DELEGATE, DISTRICT THIRTEEN February X ^972 Re: Proposal #10, providing for Equal Rights. Member STYLING, DRAFTING & REVISION COMMITTEE To: Bill of P.ights Committee My proposal reads "Equality of rights under the laws shall not be abridged by the state of Montana on account of sex." I have underlined "under the laws" for this is the crux of the proposal. My proposal is an exact copy of the proposed amendment to the constitution of the U.S., with the words "state of Montana" inserted instead of "by any state". The proposed amendment has been passed by the U.S. House of representatives and is now in the Senate. It seems imminent it will be passed and soon, for the time is now, after many years of discussion. For this reason I propose the same amendment be included in our state constitution now being revised. It would eliminate time spent by our state legislature on the subject when the amendment is passed by the Senate and presented for ratification. The U.S. Congress will accept any reasonable modification of a similar amendment necessarily presented to the Montana Constitution if the word "sex" is not deleted. The amendment abd"isi|?ppFopos;al is for the purpose of creating a new basis for the U.S. Supreme Court, and of course, the entire judicial system to take a fresh approach to the interpretations which began when the U.S. Supreme Court organzed. In this era, I do not think we would but that "persons" mentioned so often in both federal and state constitutions Bills of Rights would include the knowledge that both sexes are "persons" and therefore eligible for the benefits and rights thereunder. Since women had no contractual rights at that time, but were governed by indentured persons in all matters by their husbands, the judicial interpretations implied and limited the application of the word "persons" to males. So it is at this time. The crux of the Federal amendment and my amendment is that until specifically the Judiciary have a basis for considering all citizens of the U.S. as persons eligible for the rights guaranteed to them, its tenor will not change, but continue to be based on the accumulated renderings excluding women. The general effect on federal and state laws and offcial practices would not nullify all distinguishments on the basis of sex, but would require that the law treat men and women equally. Equal treatment can be accomplished either by extending the law which applies only to one sex to the other sex, or by rendering the law unconstitutional fis denying equality of rights to one sex. I am not sure that this premise is fully understood by all women involved in what is referred to as "Women's Lib", nor to men not involved in the practice of law or the dispensing of it. However, it is my opinion that freedom involves responsibility, and so that no one on this committee will be left in doubt as to the full effect of this
Object Description
Rating | |
Title | Montana Constitutional Convention records, 1971-1972. |
Description | Virginia Blend testimony regarding providing equal rights |
Creator | Montana. Constitutional Convention (1971-1972) |
Genre (Short List) | documents |
Type | Text |
Language | eng |
Date Original | 1971; 1972 |
Subject (LCSH) | Constitutional conventions--Montana.; Constitutions--Montana.; Montana--Politics and government--20th century. |
Rights Management | http://rightsstatements.org/vocab/InC-EDU/1.0/ |
Contributing Institution | Montana Historical Society Research Center |
Digital Collection | Letters, Diaries and Documents from the Montana Historical Society |
Physical Collection | Record Series 22 Box 2 Folder 38 |
Digital Format | image/jp2 |
Physical Dimensions | 5.2 linear ft. |
Digitization Specifications | Scanned at 300-550 ppi, 24bit color. Display images were generated by ContentDM. |
Description-Abstract | These Montana Constitutional Convention records (1971-1972) consist of correspondence, minutes and proceedings, delegate proposals, reports, resolutions, subject files, writings, and news releases. Artifacts, photographs, and printed material have been transferred to the Museum, Photograph Archives, and Library respectively. Reel-to-reel tapes were deaccessioned and destroyed. |
Contact Us | To order a reproduction, download our order form at http://mhs.mt.gov/Research/services/repros.aspx or contact Montana Historical Society Research Center: (406) 444-2681 / mhslibrary@mt.gov |
Relation | http://worldcat.org/oclc/70924185/viewonline; http://nwda-db.wsulibs.wsu.edu/documents/retrieve.asp?docname=MtHiRS22.xml |
Description
Title | Page 1 Montana Constitutional Convention records, 1971-1972. |
Description | Virginia Blend testimony regarding providing equal rights |
Creator | Montana. Constitutional Convention (1971-1972) |
Type | Collection |
Language | eng |
Subject (LCSH) | Constitutional conventions--Montana.; Constitutions--Montana.; Montana--Politics and government--20th century. |
Contributing Institution | Montana Historical Society Research Center |
Physical Collection | Record Series 22 Box 2 Folder 38 |
Physical Dimensions | 5.2 linear ft. |
Description-Abstract | These Montana Constitutional Convention records (1971-1972) consist of correspondence, minutes and proceedings, delegate proposals, reports, resolutions, subject files, writings, and news releases. Artifacts, photographs, and printed material have been transferred to the Museum, Photograph Archives, and Library respectively. Reel-to-reel tapes were deaccessioned and destroyed. |
Contact Us | To order a reproduction, download our order form at http://mhs.mt.gov/research/photo/servicesfees.asp or contact Montana Historical Society Research Center: (406) 444-2681 / mhslibrary@mt.gov |
Relation | http://worldcat.org/oclc/70924185/viewonline; http://nwda-db.wsulibs.wsu.edu/documents/retrieve.asp?docname=MtHiRS22.xml |
Transcription | yXVTlQy. il»m fflliimill. CMIill STATE CAPITOL '/97i.vfi^ Vice Chairman LOCAL GOVERNMENT COMMITTEE VIRGINIA H. BLEND, DELEGATE, DISTRICT THIRTEEN February X ^972 Re: Proposal #10, providing for Equal Rights. Member STYLING, DRAFTING & REVISION COMMITTEE To: Bill of P.ights Committee My proposal reads "Equality of rights under the laws shall not be abridged by the state of Montana on account of sex." I have underlined "under the laws" for this is the crux of the proposal. My proposal is an exact copy of the proposed amendment to the constitution of the U.S., with the words "state of Montana" inserted instead of "by any state". The proposed amendment has been passed by the U.S. House of representatives and is now in the Senate. It seems imminent it will be passed and soon, for the time is now, after many years of discussion. For this reason I propose the same amendment be included in our state constitution now being revised. It would eliminate time spent by our state legislature on the subject when the amendment is passed by the Senate and presented for ratification. The U.S. Congress will accept any reasonable modification of a similar amendment necessarily presented to the Montana Constitution if the word "sex" is not deleted. The amendment abd"isi|?ppFopos;al is for the purpose of creating a new basis for the U.S. Supreme Court, and of course, the entire judicial system to take a fresh approach to the interpretations which began when the U.S. Supreme Court organzed. In this era, I do not think we would but that "persons" mentioned so often in both federal and state constitutions Bills of Rights would include the knowledge that both sexes are "persons" and therefore eligible for the benefits and rights thereunder. Since women had no contractual rights at that time, but were governed by indentured persons in all matters by their husbands, the judicial interpretations implied and limited the application of the word "persons" to males. So it is at this time. The crux of the Federal amendment and my amendment is that until specifically the Judiciary have a basis for considering all citizens of the U.S. as persons eligible for the rights guaranteed to them, its tenor will not change, but continue to be based on the accumulated renderings excluding women. The general effect on federal and state laws and offcial practices would not nullify all distinguishments on the basis of sex, but would require that the law treat men and women equally. Equal treatment can be accomplished either by extending the law which applies only to one sex to the other sex, or by rendering the law unconstitutional fis denying equality of rights to one sex. I am not sure that this premise is fully understood by all women involved in what is referred to as "Women's Lib", nor to men not involved in the practice of law or the dispensing of it. However, it is my opinion that freedom involves responsibility, and so that no one on this committee will be left in doubt as to the full effect of this |
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