9 A Model for Action
1. For a brief discussion of the Johnson period, see William Chafe, The Unfinished Journey: America Since World War II (New York: Oxford University Press, 1986), chap. 8, and James Gilbert, Another Chance: Postwar America, 1945-1968 (New York: Knopf, 1981), chap. 10.
2. Jo Freeman, The Politics of Women's Liberation (New York: McKay, 1975), 28-30.
3. Ibid., 30-43; Abbot L. Ferriss, Indicators of Trends in the Status of American Women (New York: Russell Sage Foundation, 1971), 143. Evidence indicates that black women did not experience the same relative deprivation with respect to black men. The economic opportunities for black women actually progressed compared with those for black men, and the black community expressed the belief that it was imperative to improve the status of black men relative to white men, and of black people generally. These views militated against black women feeling an acute sense of injustice vis-à-vis black men. See, for example, the consultation on the problems of Negro women held by the President's Commission on the Status of Women in April 1963 (chapter 8 above).
4. "The America Woman: Her Achievements and Troubles," special issue of Life, 24 December 1956; William J. Grace, "The Dilemma of Modern Woman: Can She Solve It?" Catholic World, April 1956, 16-23; Mary Clinch, ''The Phenomenon of the Working Wife,'' Social Order 6 (October 1956): 362-366; Mirra Komarovsky, Women in the Modern World (Boston: Little, Brown, 1953); Margaret Mead, "Modern Marriage, the Danger Point," Nation 177 (31 October 1953): 348-350; Marya Mannes, "Female Intelligence: Who Wants It?" New York Times Magazine, 3 January 1960; Mary Freeman, "The Marginal Sex: America's Alienated Woman," Commonweal 75, no. 19 (2 February 1962): 483-486; Harper's 225 (October 1962): 117. For a fuller discussion of articles about women in popular magazines, see Cynthia Harrison, "Women and the New Frontier" (Master's thesis, Columbia University, 1974).
5. Betty Friedan, The Feminine Mystique (New York: Dell, 1974).
6. Freeman, Politics of Women's Liberation, chap. 1.
7. Ibid., 44, 52.
8. Margaret Mead and Frances B. Kaplan (eds.), American Women (New York: Scribner, 1965); Interdepartmental Committee on the Status of Women [hereinafter ICSW], Summary of the meeting of 20 January 1964, item 16, box 16, Papers of the Citizens' Advisory Council on the Status of Women [hereinafter CACSW], NA (Record Group number not assigned).
9. Esther Peterson to Elizabeth Carpenter, 29 November 1963, attached to Esther Peterson to the Secretary, 29 November 1963, in folder "White House/PCSW, 1963-66," box "Political (Dem. campaigns)," Esther Peterson papers, SL; Lyndon Johnson to Margaret Hickey, 7 January 1964 (plus attachments), folder FG686/A, box 386, WHCF, LBJL; CACSW, Summary of the first meeting, 12 and 13 February 1964, item 17, box 5, CACSW papers, NA; Washington Post, 13 and 14 February 1964, and Washington Star, 12 and 14 February 1964, clippings, in folder "Education, federal programs" [obviously mismarked], PCSW papers (Washington, D. C.); "What the Administration has done for women,'' 20 April 1964, in folder ''Panzer: women," box 5D4-503, WHCF, 489, LBJL; Transcript, Esther Peterson Oral History Interview, 25 November 1968, LBJL (Peterson's copy is in her papers at Giant Foods, Landover, Md).
10. First Annual Report of Interdepartmental Committee and Citizens' Advisory Council on the Status of Women, [ICSW/CACSW], Progress Report on the Status of Women, October 11, 1963 through October 10, 1964 (Washington, D.C.: GPO, 1964).
11. Elizabeth Carpenter, rather than Margaret Price, proved to be the main conduit to the president in support of jobs for women. Carpenter, a journalist who realized that appointments for women made good press, contacted India Edwards, Katie Louchheim, and Margaret Price soon after Johnson took office. Carpenter quickly realized that Price was not effective in her job, and she advised Lyndon Johnson to replace her with India Edwards posthaste (advice Johnson did not take). Price, she explained, was "more ceremonial than workhorse," and something had to be done before the 1964 campaign ("Pending vacancies to which women might be appointed, [Carpenter]," 16 January 1964, folder PE2, box 7, WHCF, LBJL). Katie S. Louchheim to Elizabeth Carpenter, 4 December 1963, in folder "Carpenter, Elizabeth," box C2, Katie S. Louchheim papers, LC; President's Commission on the Status of Women, American Woman (Washington, D.C.: GPO, 1963), 52; Patricia Zelman, "Development of Equal Employment Opportunity for Women as a National Policy, 1960-1967" (Ph.D. diss., Ohio State University, 1980), chap. 3; Notes for cabinet meeting, 17 January 1964, appointment file (25 January 1964) (diary backup), box 3, LBJL; Washington Post , 18 January 1964; Elizabeth Carpenter to Lyndon Johnson, 20 January 1964, appointment file (25 January 1964) (diary backup), box 3, LBJL; Elizabeth Carpenter to Lyndon Johnson, 29 January 1964, folder PE2, box 7, WHCF, LBJL; White House press release, 3 January 1964, folder PE4-2, "Peterson, Esther, 1964," box 190, RG 174 (Wirtz), NA; Ralph Dungan to Lyndon Johnson, 17 February 1964 (plus attachments), folder PE2, box 7, WHCF, LBJL; Transcript, India Edwards Oral History Interview, 4 February 1969, pp. 34-39, LBJL.
12. Newsweek, 16 March 1964, clipping, in folder "Panzer: Women," box 5D4-503, WHCF #489, LBJL; Ralph Dungan to Margaret Horgen, 20 March 1964, folder PE2, box 15, LBJL; National Business Woman, May 1964, 2-15; William J. Crockett to Ralph Dungan, 24 February 1964, in folder "Department of State, women and minorities in DOS Statistics, appointments, report, 1964," box C20, Katie S. Louchheim papers, LC; Elizabeth Carpenter to ''Anyone interested in women," 24 February 1964, Ralph Dungan to Elizabeth Carpenter, 25 February 1964, and Elizabeth Carpenter to the President, 25 February 1964, folder PE2, box 7, WHCF, LBJL; Karen Keesling and Suzanne Cavanagh, "Women Presidential Appointees Serving or Having Served Full-Time Positions Requiring Senate Confirmation, 1912-1977,'' Congressional Research Service Report 78-73 G, 23 March 1978, Library of Congress, Washington, D.C., 36-43.
13. Zelman, "Development of Equal Employment Opportunity," 114.
14. Notes on meeting with John Macy, 2 March 1965, in folder "Papers 1965 re: DACOWITS," box 16, Margaret Price papers, BHL; CACSW, transcript of the meeting of 12 February 1964, p. 48, box 13, CACSW papers, NA; Mary Stack to John B. Clinton, 9 December 1964, in folder "1964--committee--ICSW (Jan.-May)," box 243, RG 174 (Wirtz), NA; Interview with Esther Peterson, 10 June 1978 (Washington, D.C.); India Edwards to Lyndon Johnson, 8 January 1964, attached to Mary Stack to Juanita Roberts, 19 March 1964, in folder "Selected names, E," box 17, LBJA, LBJL; Transcript, Esther Peterson Oral History Interview, 25 November 1968, LBJL (Peterson's copy); Walter Heller to Lyndon Johnson, 28 December 1963, FI, LBJL; Zelman, "Development of Equal Employment Opportunity," chap. 3; Transcript, Mary Keyserling Oral History Interview, 1-4 February 1982, pp. 174-179, SL.
15. Keyserling also took over, by virtue of her position as Women's Bureau director, the post of executive vice-chairman of the Interdepartmental Committee on the Status of Women, but Peterson arranged for a new Executive Order, signed in May 1965, that ultimately made Peterson vice-chairman, ranking her above Keyserling. Esther Peterson to the Secretary of Labor, 26 November 1963, in folder PE-4-2, "Peterson, Esther, 1963," box 101, Willard Wirtz to the President, 9 January 1964, attached to Wirtz to Ralph Dungan, 9 January 1964, in folder "1964 White House President (Jan.-Feb.)," box 126, Esther Peterson to the Secretary, 6 January 1965, folder PE-4-2, "Peterson, Esther 1965," box 290, Willard Wirtz to Kermit Gordon, 26 February 1965, folder LL-2-1, ''Budget Bureau (February) 1965,'' box 274, Willard Wirtz to Esther Peterson, 22 July 1965, in folder "1965 Committee ICSW July," box 244, RG 174 (Wirtz), NA; CACSW, transcript of the meeting of 28 July 1965, p. 23, box 13, CACSW papers, NA; Federal Register 30, no. 89 (8 May 1965): 6427; Abe Fortas to Jack Valenti, 20 February 1964 (plus attachments), folder PE-2, box 7, WHCF, LBJL; Interview with Esther Peterson, 27 February 1978 (Washington, D.C.). For an example of the different approaches Peterson and Keyserling took toward states abolishing protective labor legislation that applied only to women, see Esther Peterson to Hope Roberts, 18 January 1965, 26 February 1965, and Mary D. Keyserling to Hope Roberts, 26 January 1965, in folder "Governor's Commission on the Status of Women," reel 25, DOL microfilm, LBJL.
16. U.S. Equal Employment Opportunity Commission, Legislative History of Title VII and XI of Civil Rights Act of 1964 (Washington, D. C.: GPO, n.d.), 9-10, 2001-2038.
17. "Resolution adopted unanimously by the National Council of the National Woman's Party . . . Regarding the proposed Civil Rights Bill (H.R. 7152)," 16 December 1963, reel 108, NWP papers (microfilm ed.).
18. Emma Guffey Miller to Marjorie Longwell, 24 July 1961, reel 107, NWP papers (microfilm ed.); Nina Horton Avery to J. Vaughan Gary, 8 January 1964, reel 108, NWP papers (microfilm ed.); Emma Guffey Miller to Edith Green, 20 January 1964, in folder "Judiciary Committee Civil Rights," box 64-3, Edith Green papers, OHS; Emma Guffey Miller to Members of the House of Representatives, 3 February 1964, folder 74, box 5, Emma Guffey Miller papers, SL. See also Carl Brauer, "Women Activists, Southern Conservatives, and the Prohibition of Sex Discrimination in Title VII of the 1964 Civil Rights Act," Journal of Southern History 49 (1983): 37-57.
19. Zelman, "Development of Equal Employment Opportunity," chap. 4; Howard Smith to Nina Horton Avery, 26 December 1963, Smith to Emma Guffey Miller, 10 January 1964, untitled report beginning "Reported Judiciary Committee of the House, November 20, 1963," reel 108, NWP papers (microfilm ed.); Telephone interview with Martha Griffiths, 27 November 1978 (Romeo, Mich.); Alice Paul oral history, pp. 616-636.
20. U.S. Congress, House, 88th Cong., 2d sess., 8 February 1964, Congressional Record 110: 2577-2584; Alice Paul oral history, pp. 616-636. An attempt had been made by a representative from Texas, acting at the behest of the National Woman's Party, to add sex to each title as it came up, but these efforts met defeat. The congresswomen decided to vest their efforts in Title VII.
Although much has been made of Smith's ridiculing the "sex" amendment, it is quite possible that he was sincere. His support would be in keeping with his advocacy of the Equal Rights Amendment and the notion that blacks should not have rights not granted to women. Also, given the nature of the amendment and its potential impact on business, he would be unlikely to have undertaken such a legislative move frivolously. Furthermore, he cited the achievement in his campaign literature (Smith brochure, 1968, folder 36, box 79, Legislative Reference Files, Meany Archives).
21. New York Times, 9 February 1964; Zelman, "Development of Equal Employment Opportunity," chap. 4; U.S. Congress, House, 88th Cong., 2d sess., 8 February 1964, Congressional Record 110: 2577-2584.
22. U.S. Congress, House, 88th Cong., 2d sess., 8 February 1964, Congressional Record 110: 2577-2584; Zelman, "Development of Equal Employment Opportunity," chap. 4. The exception was Ross Bass (D-Tenn.) (Zelman, p. 149). Jo Freeman concludes that Republican ERA supporters played a crucial role ("Title VII" [1987], 7).
23. Emma Guffey Miller to Martha Griffiths, 14 February 1964, Dorothy Meehan to Martha Griffiths, 10 February 1964, and Martha Griffiths to Lucille Beckwith, 14 February 1964, in folder "Civil Rights Bill," box 47, Martha Griffiths papers, BHL; Washington Post, 10 February 1964, clipping, in folder "Commission and Committee, President's Commission on the Status of Women," box 7, Maurine Neuberger papers, OHS; Edith Green, the lone holdout among congresswomen, confided to a friend that she was finding the "climate . . . a bit frigid" on the Hill (Edith Green to Peggy Roach, 15 February 1964, in folder "Judiciary Committee Civil Rights," box 64-3, Edith Green papers, OHS).
24. Washington Post, 11 February 1964, clipping, in folder "H.R. 1752(88), Civil Rights Administration Omnibus Clippings," box 462, Emanuel Celler papers, LC.
25. CACSW, transcript of the meeting of 12 February 1964, pp. 146-158, box 13, CACSW papers, NA.
26. Zelman, "Development of Equal Employment Opportunity," 156-57; Pauli Murray, "Memorandum in support of retaining the amendment to H.R. 7152, Title VII (Equal Employment Opportunity) to prohibit discrimination in employment because of sex," 14 April 1964, in folder "Civil Rights Bill," box 47, Martha Griffiths papers, BHL; Carl Brauer, "Sex and Race: Title VII of the Civil Rights Act of 1964," unpublished paper, pp. 23-27 (I am grateful to Carl Brauer for permitting me to see a copy of this paper); Lyndon Johnson to Modell Scruggs, 23 April 1964 (draft), folder HU3 (Exec.), box 58, LBJL. The senators, however, received few letters from constituents about the sex amendment. See, for example, "Civil Rights," folders, box 12, Daniel Brewster papers, University of Maryland. (Brewster was a cosponsor of the Senate Civil Rights Bill.)
27. Emma Guffey Miller to Helen Bitterman, 22 February 1964, and Joseph Clark to Emma Guffey Miller, 10 March 1964, reel 108, [Alice Paul] to Mary Kennedy (draft), June 1964, reel 109, NWP papers (microfilm ed.); Zelman, "Development of Equal Employment Opportunity," chap. 4.
28. CACSW, summaries of first meeting, 12-13 February 1964, second meeting, 12-13 October, 1964, fourth meeting, 26-27 October, 1965, and fifth meeting, 31 May 1966, in folder "CACSW Summary of Meetings," and summary of third meeting, 28 July 1965, in folder "Summary CACSW meeting, July 28, 1965," box 5, CACSW papers, NA; ICSW, summaries of first meeting, 20 January 1964, item 16, second meeting, 18 May 1964, item 65, and third meeting, 23 February 1965, item 89, box 16, and summary of fourth meeting, 1 October 1965, item 97, box 17, CACSW papers, NA; ICSW, summary of fifth meeting, 14 October 1965, in folder "ICSW meeting, 17 January 1967," reel 25, DOL microfilm, LBJL; First Annual Report of ICSW/CACSW, Progress Report on the Status of Women (1963-1964); Second Annual Report of ICSW/CACSW, Report on Progress in 1965 on the Status of Women (Washington, D.C.: GPO, 1965); Third Annual Report of ICSW/CACSW, Report on Progress in 1966 on the Status of Women (Washington, D.C.: GPO, 1966); Report of the ICSW, American Women 1963-1968, (Washington, D.C.: GPO, 1968).
The CACSW also observed with pleasure in its 1965 report (p. 21) that the Federal Communications Commission had reduced interstate telephone rates after 8 P.M., obviously a great boon to American women.
29. Esther Peterson to Myer Feldman, attached to Myer Feldman to Jane Grant, 31 December 1963, folder LE/HU3 (General), box 72, LBJL.
30. Emma Guffey Miller to Lyndon Johnson, 29 August 1964, folder 75, box 5, Emma Guffey Miller papers, SL.
31. ICSW, Summary of First Meeting, January 20, 1964, item 16, box 16, CACSW papers, NA; Zelman, "Development of Equal Employment Opportunity," 209; Alice Paul to Mrs. Arthur Holden, 30 November 1963, and Emma Guffey Miller to Lyndon Johnson, 27 November 1963, reel 108, NWP papers (microfilm ed.); Myer Feldman to Women's Organizations (copy), 31 December 1963, in folder "CACSW & ICSW items," box 16, CACSW papers, NA; Alma Lutz to Emma Guffey Miller, 23 January 1964, reel 108, NWP papers (microfilm ed.); Elizabeth Carpenter to Lyndon Johnson, 18 May 1964, in name file folder "Miller, Emma," WHCF, LBJL; Emma Guffey Miller to Elizabeth Carpenter, 9 June 1964, folder 75, box 5, Emma Guffey Miller papers, SL; "Support for pending equal rights amendment to the U.S. Constitution by possible nominees for the presidency," 1964, reel 109, NWP papers (microfilm ed.); Emma Guffey Miller, memorandum, 11 August 1964, Ivan Sinclair to Elsie Hill, 24 July 1964, ''Hearing before Panel III, Platform Committee program for speakers for equal rights for women amendment to the U.S. Constitution," 21 August 1964, speech by Mrs. Emma Guffey Miller, 21 August 1964, and Lyndon Johnson to Emma Guffey Miller, 4 September 1964, reel 109, NWP papers (microfilm ed.); Donald B. Johnson (comp.), National Party Platforms, vol. 2: 1960-1976 (Urbana: University of Illinois Press, 1978), 645.
32. Pauli Murray to Alma Lutz, 9 December 1965, reel 109, NWP papers (microfilm ed.); Esther Peterson to the Secretary, 28 December 1965, folder PE-4-2, "Peterson, Esther, 1965," box 290, RG 174 (Wirtz), NA; White v. Crook, 251 F. Supp. 401, 1966; Frank Wozencraft to Mary Dublin Keyserling, 21 October 1966, in folder "Government agencies," Women's Bureau Office Files, DOL (Washington, D.C.). Cf. State of Mississippi v. Virginia Hall, 187 So. 2d. 861 (1966).
33. CACSW, White v. Crook, 23 February 1966, item 102, in folder " White v. Crook, March 1966," box "Women," Esther Peterson papers, SL.
34. ICSW/CACSW, Progress Report on the Status of Women (1963-1964), Report on Progress in 1965, Report on Progress in 1966; ICSW, American Women 1963-1968; CACSW, Summary of Third Meeting, 28 July 1965, in folder "Summary CACSW Meeting, 28 July 1965," box 5, CACSW papers, NA; ICSW, Summary of Third Meeting, 23 February 1965, item 89, box 16, CACSW papers, NA.
35. ICSW/CACSW, Progress Report on the Status of Women (1963-1964), Report on Progress in 1965, Report on Progress in 1966; ICSW, American Women 1963-1968; Summary of the Proceedings of the Conference of Governors' Commissions on the Status of Women, 12 June 1964, in folder "CACSW & ICSW Items," box 16, CACSW papers, NA.
36. Summary of the Proceedings of the Conference of Governors' Commissions on the Status of Women, 12 June 1964, in folder "CACSW & ICSW Items," box 16, CACSW papers, NA; ICSW/CACSW, Progress and Prospects: The Report of the Second National Conference on Governors, Commissions on the Status of Women, 28-30 July 1965 (Washington, D.C.: GPO, 1966), 40-42, 45-46.
37. "Questions raised by the Civil Rights Act Title VII," 5 November 1964, in folder "Title VII," reel 17, DOL microfilm, LBJL; Mary Keyserling to Emma Guffey Miller, 8 January 1965, reel 109, NWP papers (microfilm ed.); ICSW, "Women and the Equal Employment Provisions of the Civil Rights Act," 20 February 1965, item 68, box 16, CACSW papers, NA; Esther Peterson to the Secretary, 3 March 1965, folder PE-4-2, ''Peterson, Esther, 1965," box 290, RG 174 (Wirtz), NA.
38. Mary Dublin Keyserling to the Secretary, 5 May 1965, folder 4, reel 17, DOL microfilm, LBJL; Pauli Murray and Mary Eastwood, "Jane Crow and the Law: Sex Discrimination and Title VII," George Washington Law Review 34 (December, 1965): 253.
39. "Prohibition to discriminate in employment on the basis of sex, Title VII of the Civil Rights Act, address by Esther Peterson . . . July 8, 1965 [with amendments by Mary Dublin Keyserling], in folder "Title VII," reel 20, DOL microfilm, LBJL. See also note 13 above.
40. Secretary of Labor to Franklin Roosevelt, Jr., 9 August 1965, in folder "1965--Commission--Equal Employment Opportunity (August)," box 237, RG 174 (Wirtz), NA.
41. Margaret Hickey to members, CACSW, 11 September 1965, item 91, in folder "Citizens' Advisory Council on the Status of Women, 1," reel 25, DOL microfilm, LBJL; policy resolution adopted by the AFL-CIO 6th Constitutional Convention, San Francisco, California, December 1965, in folder "1967, Committee, (ICSW (Jan))," box 52, RG 174 (Wirtz), NA; Olya Margolin to Franklin Roosevelt, Jr., 30 July 1965, folder 1-20, Morag Simchak papers, ALUA; CACSW, "Equal Employment Opportunities for Women Under Title VII of the Civil Rights Act of 1964," 1 October 1965, item 91, box 17, CACSW papers, NA.
42. Excerpts from the remarks of Franklin D. Roosevelt, Jr., 30 July 1965, in folder "1965--Commission--Equal Employment Opportunity (January-July)," box 237, RG 174 (Wirtz), NA.
43. Frances Kolb, "The National Organization for Women: A History of the First Ten Years," p. 109 (unpublished manuscript).
44. N. Thompson Powers to Willard Wirtz, 7 September 1965, in folder "1965—Commission—Equal Opportunity (September-October)," box 237, RG 174 (Wirtz), NA.
45. Washington Post, 23 November 1965, clipping, in folder "Title VII, Civil Rights Act of 1964, Legislation 1964-65," BPW Archives.
46. New York Times, 19 August 1965, 28 September 1965; Equal Employment Opportunity Commission, press release, 18 August 1965, in folder "1965--Commission--Equal Employment Opportunity (August)," box 237, RG 174 (Wirtz), NA.
47. Interview with Richard Graham, 31 July 1985 (Washington, D. C.)
48. Equal Employment Opportunity Commission, press release, 18 August 1965, in folder "1965--Commission--Equal Employment Opportunity (August)," box 237, RG 174 (Wirtz).
49. New Republic, 4 September 1965, clipping, in folder "General 1964-1966," box "Title VII," Catherine East papers (Arlington, Va.).
50. Wall Street Journal, 22 June 1965.
51. "Current appraisal of issues relating to the status of women" [author not indicated, but internal evidence suggests that it is Esther Peterson writing to John Macy], 18 July 1966, in folder "General, 1964-66," box "Title VII," Catherine East papers (Arlington, Va.).
52. Wall Street Journal, 22 June 1965.
53. Ibid.
54. Equal Employment Opportunity Commission press release, 22 November 1965, in box "Title VII," Catherine East papers (Arlington, Va.); Federal Register, 30 (2 December 1965): 14926-14928.
55. Richard Graham to Ruth Gage-Colby, 1 December 1965, reel 109, NWP papers (microfilm ed.).
56. Washington Post, 23 November 1965, clipping, in folder "Title VII, Civil Rights Act 1964, Legislation 1964-65," BPW Archives.
57. New York Times, 27 March 1966.
58. Federal Register, 31 (28 April 1966), title 29, part 1604.
59. Edelsberg quoted in Griffiths's speech, U.S. Congress, House, 89th Cong., 2d sess., 20 June 1966, Congressional Record 112: 13689-13694.
60. Esther Peterson to the Secretary, 8 April 1966, in folder PE-4-2, "Peterson, Esther, 1966," box 400, RG 174 (Wirtz), NA; New York Times, 29 April 1966; Zelman, "Development of Equal Employment Opportunity," 234-235.
61. U.S. Congress, House, 89th Cong., 2d sess., 20 June 1966, Congressional Record 112: 13689-13694.
62. Kolb, "National Organization for Women," 6.