Document 12: Florence L. C. Kitchelt to Alice Paul, 27 November 1944, in National Woman's Party Papers, 1913-1974 (Glen Rock, N. J.: Microfilming Corporation of America, 1977-1978), Reel 83.


Introduction

   Kitchelt's letter to Alice Paul summarized the legal arguments that supported her effort to combine the ERA with protective labor legislation. Arguing "that the words 'equal' and 'identical' cannot be used as synonomous," she urged Paul to be less dogmatic in her insistence that the amendment would end such legislation.


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Old Stationery

CONNECTICUT COMMITTEE FOR THE EQUAL RIGHTS AMENDMENT

38 MANSFIELD STREET NEW HAVEN, CONNECTICUT TEL. 6-6417

COMMITTEE-AT-LARGE
(in process of formation)

MRS. WILLIAM A. AMELUNG, Waterbury
MRS. WIGHT BAKKE, Woodbridge
MRS. ROBERT T. BALDWIN, Westport
MISS MARGARET BALL, Lakeville
MRS. NORA STANTON BARNEY, Greenwich
MRS. DOROTHY BARTLETT, Putnam
DR. EMILY BARRINGER, New Canaan
MRS. EVELYN LONGMAN BATCMELDER, Windsor
DR. EDNA BAXTER, Hartford
MISS MARY TAYLOR BLAUVELT, Hartford
MRS. E. G. BURDETTE, Waterbury
MISS FENNESSEY CANTY, Waterbury
MISS MADALENE CARROLL, New Haven
MRS. FELIX CHARLES, Westport
MISS EDITH M. CHASE, Waterbury
MRS. JOHN D. COOMBS, Woodbury
MRS. JOHN L. COPPINCER, New Haven
MRS. GEORGE R. COWGILL, Hamden
MISS CORA R. CROMPTON, Waterbury
MRS. ROBERT A. CROSBY, Woodmont
MRS. HOWARD H. DIETRICH, Westport
MRS. LEE WILSON DODD, Woodbridge
MISS ALBERTA C. EDELL, Waterbury
DR. KATHERINE J. EDCAR, Bridgeport
MRS. HENRY C. ERK, Naugatuck
MISS GERTRUDE FOSSETTE, New Britain
MRS. ROBERT F. GADD, Hartford
MRS. EDWARD F. GOIN, New Haven
DEAN ANNIE W. GOODRICH, Colchester
MRS. LAURA HALE GORTON, Glastonbury
MISS JANE GRANT, Morris
MRS. WM. BRADFORD GREEN, West Hartford
MRS. ANNA E. GRIFFIN, Trumbull
MRS. THOMAS N. HEPHURN, Hartford
MRS. ELON H. HOOKER, Greenwich
MRS. ALICE E. HOWELL, Bethany
MRS. DOUGLAS A. JOHNSTON, New Britain
MRS. STEPHANIE KAMENSKI, Berlin
MISS VIVIEN KELLEMS, Saugatuck
MRS. HOLLOWAY KILDORN, New Haven
DR. MARGARET A. LENNOX, New Haven
MRS. KINGSBURY MATSON, Wallingford
MRS. BERNARD MATTHIES, Seymour
MRS. FREDERICK B. MARGGRAFF, Waterbury
MISS HELEN N. MERRITT, New Canaan
MRS. GEORGANNE C. MILLER, Preston
MISS ISABEL S. MITCHELL, Hamden
MRS. ALICE E. PARMELER, Hartland
MRS. EDGERTON PARSONS, Hadlyme
MRS. JOHN W. POTTER, Waterbury
SECRETARY FRANCES B. REDICK, Newington
MRS. ALICE V. ROWLAND, Ridgefield
MRS. ISABEL C. RYLANDER, Litchfield
MRS. KATHRYN STALSBURG, Saybrook
MRS. NELLIE D. STEWART, New Canaan
MRS. ANNA MAY SWITASKI, New Britain
MRS. BESSIE H. TAYLOR, Redding
MRS. CLIFFORD TEEPLE, Naugatuck
MRS. LAWRENCE TIBBETT, Wilton
DR. MARGARET TYLER, New Haven
MRS. HELEN L. WARNER, Newington
MISS MARY WEAVER, New Milford
MRS. RUTH T. WELLES, Coventry
MRS. EDWIN G. WOODWARD, Storrs
MRS. JOSEPHA WHITNEY, New Haven
DR. MARJAN P. WHITNEY, New Haven
MISS ISABEL WILDER, Hamden
MRS. LLOYD WILLIAMS, Kent
MRS. JAMES YUILLE, New Britain
MRS. HELEN ZEIKOWSKI, Bristol

DR. LENA MADESIN PHILLIPS, Chairman
MRS. F. L. C. KITCHELT, Vice-Chairman
MISS HARRIET ANDERSON, Secretary
MISS GRACE E. BOURNE, Treasurer

Nov.27, 1944

Miss Alice Paul
National Woman's Party
Washington

Dear Miss Paul;

    Thank you for your letter of the 25th and the Senate poll. This morning I have replies from several of our members, saying they are writing strong words to our two Senators.

    As to Mr. Stoddard's legal opinion-- he is saying what Sen. Gillette said in his speech of Sept.12, sent out by your office, "there is not a lawyer anywhere who would construe (the amendment)--as taking away--the protective legislative acts--on the statute books of most of our States--for women, --based on the type of work and service, and not on sex alone."

    Mr. Stoddard is saying as a lawyer what Prof.Bakke wrote--writing as an economist and authority on labor legislation--in enclosed letter to me "I think we can trust our legislators to see through the specious argument that when women are granted equal rights, for instance in the holding of property, there is no longer any need to protect the future of the race by protecting the children and their mothers from exploitation which would endanger that future."

    He is saying what the Supreme Court said in ancase some years ago, that the words "equal" and "identical" cannot be used as synonomous.

    The only argument of the opposition is based on the fallacy that these two words ARE synonomous. If we cut this argument out from under their feet they have nothing to stand on! Equality should mean that women, LIKE MEN, have the right to any special legislation they want. (I trust they would not want the so-called protective legislation put over by men on women as if they were children, at least adolescent.)

    I have written one or two people like Alma Lutz, that occasionally I have wondered if we were helping the opposition by confusing equal and identical ourselves? Take page 14, par.56 in Mrs. Weed's Senate Document No.97. If girls mature earlier than boys (which I don't know) why should the marriage age be identical?

    Therefore, in the hope of defeating the opposition, I should like to gather a group of legal opinions upholding what

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Senator Gillette and Prof. Bakke, and other men have said.

    Does this not conform to your own point of view? And to that of your policy-making group? Do let me know.

    Sincerely yours,

[signed] Florence L. C. Kitchelt



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