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11 Hous. L. Rev. 136 (1973-1974)
An Overview of the Equal Rights Amendment in Texas

handle is hein.journals/hulr11 and id is 166 raw text is: AN OVERVIEW OF THE EQUAL RIGHTS AMENDMENT IN TEXAS All people are equal, but male people are more equal than female people.1 I. INTBODUCTION The idea of an amendment to the Texas Constitution guaranteeing equal rights for persons of both sexes evolved from the movement to reform marital property laws. In Texas these laws long contained clearly discriminatory provisions that gave husbands superior management rights over marital property and severely limited rights of wives to the control of their separate property.2 Although the movement began in 1913 and advanced in subsequent years, Texans did not join in a united effort to improve significantly the position of women under the law until the late 1950s.3 In 1957 during this spirit of reform an amendment requiring equal legal treatment of both sexes was first introduced in the Texas legislature, along with proposals that would have equalized the marital property laws on a broad front. Both the equal rights amendment and the bulk of the marital property proposals were defeated.4 Each subsequent year, how- ever, the amendment was resubmitted. Because of an increasing aware- ness of the unequal status of women by both the legislature and the public, the amendment passed the Texas house and senate in 1971 and was overwhelmingly approved by Texas voters at the general election of November 2, 1972. Thus after almost twenty years of concerted effort a constitution that has continually dealt with even the most specific and inconsequential details of government has finally turned to the serious but neglected business of giving its blessing to equality of opportunity and responsibility for a majority of the population. In spite of its historical genesis in the marital property reform move- ment, the amendment clearly is a broadly based one dealing not only with marital property but also with every principle encompassed in the law that may be affected by equality of the sexes. Both the supporters and the opponents of the amendment have interpreted it broadly, and its wording is difficult to construe otherwise than as applying to the totality 1. Brief for Appellant at 69, Reed v. Reed, 404 U.S. 71 (1972). 2. See Tex. Laws 1929, ch. 32, § 1, at 66-67; Tex. Laws 1897, ch. 40, § 40, at 41; McKnight, Texas Community Property Law-Its Course of Development and Reform, 8 CAsaw. W.L. REv. 117, 127 (1971). 3. McKnight, Texas Community Property Law-Its Course of Development and Reform, 8 CAxaw. W.L. REV. 117, 127 (1971). 4. Id. at 128.

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