6.5 The Politics of Love, Sex, and Gender

Equal Rights and Abortion

With its influence continuing to grow from the 1960s, the feminist movement sought to translate women’s grievances into a political agenda. NOW members could agree in 1967 to a “bill of rights” that called for maternity leave for working mothers, federal supported day-care facilities, child-care tax deductions, and equal education and job training. They divided, however, on two other issues – the passage of the Equal Rights Amendment and the repeal of all state anti-abortion laws. Feminism and women’s rights soon encompassed much more than female rights, but instead a focus on the politics of love, sex, and gender that came to the national stage in the 1970s.

The sexual revolution continued into the 1970s. Many Americans—feminists, gay men, lesbians, and straight couples—challenged strict gender roles and rejected the rigidity of the nuclear family. Cohabitation without marriage spiked, straight couples married later (if at all), and divorce levels climbed. Sexuality, decoupled from marriage and procreation, became for many not only a source of personal fulfillment but a worthy political cause.

At the turn of the decade, sexuality was considered a private matter yet rigidly regulated by federal, state, and local law. Statutes typically defined legitimate sexual expression within the confines of patriarchal, procreative marriage. Interracial marriage, for instance, was illegal in many states until 1967 and remained largely taboo long after. Same-sex intercourse and cross-dressing were criminalized in most states, and gay men, lesbians, and transgender people were vulnerable to violent police enforcement as well as discrimination in housing and employment.

Two landmark legal rulings in 1973 established the battle lines for the “sex wars” of the 1970s. First, the Supreme Court’s 7–2 ruling in Roe v. Wade (1973) struck down a Texas law that prohibited abortion in all cases when a mother’s life was not in danger. The Court’s decision built on precedent from a 1965 ruling that, in striking down a Connecticut law prohibiting married couples from using birth control, recognized a constitutional “right to privacy.”¹ In Roe, the Court reasoned that “this right of privacy . . . is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.”² The Court held that states could not interfere with a woman’s right to an abortion during the first trimester of pregnancy and could only fully prohibit abortions during the third trimester.

Other Supreme Court rulings, however, found that sexual privacy could be sacrificed for the sake of “public” good. Miller v. California (1973), a case over the unsolicited mailing of sexually explicit advertisements for illustrated “adult” books, held that the First Amendment did not protect “obscene” material, defined by the Court as anything with sexual appeal that lacked, “serious literary, artistic, political, or scientific value.”³ The ruling expanded states’ abilities to pass laws prohibiting materials like hard-core pornography. However, uneven enforcement allowed pornographic theaters and sex shops to proliferate despite whatever laws states had on the books. Americans debated whether these represented the pinnacle of sexual liberation or, as poet and lesbian feminist Rita Mae Brown suggested, “the ultimate conclusion of sexist logic.”⁴

Of more tangible concern for most women, though, was the right to equal employment access. Thanks partly to the work of black feminists like Pauli Murray, Title VII of the 1964 Civil Rights Act banned employment discrimination based on sex, in addition to race, color, religion, and national origin. “If sex is not included,” she argued in a memorandum sent to members of Congress, “the civil rights bill would be including only half of the Negroes.”⁵ Like most laws, Title VII’s full impact came about slowly, as women across the nation cited it to litigate and pressure employers to offer them equal opportunities compared to those they offered to men. For one, employers in the late sixties and seventies still viewed certain occupations as inherently feminine or masculine. NOW organized airline workers against a major company’s sexist ad campaign that showed female flight attendants wearing buttons that read, “I’m Debbie, Fly Me” or “I’m Cheryl, Fly Me.” Actual female flight attendants were required to wear similar buttons.⁶ Other women sued to gain access to traditionally male jobs like factory work. Protests prompted the Equal Employment Opportunity Commission (EEOC) to issue a more robust set of protections between 1968 and 1971. Though advancement came haltingly and partially, women used these protections to move eventually into traditional male occupations, politics, and corporate management.

The battle for sexual freedom was not just about the right to get into places, though. It was also about the right to get out of them—specifically, unhappy households and marriages. Between 1959 and 1979, the American divorce rate more than doubled. By the early 1980s, nearly half of all American marriages ended in divorce.⁷ The stigma attached to divorce evaporated and a growing sense of sexual and personal freedom motivated individuals to leave abusive or unfulfilling marriages. Legal changes also promoted higher divorce rates. Before 1969, most states required one spouse to prove that the other was guilty of a specific offense, such as adultery. The difficulty of getting a divorce under this system encouraged widespread lying in divorce courts. Even couples desiring an amicable split were sometimes forced to claim that one spouse had cheated on the other even if neither (or both) had. Other couples temporarily relocated to states with more lenient divorce laws, such as Nevada.⁸ Widespread recognition of such practices prompted reforms. In 1969, California adopted the first no-fault divorce law. By the end of the 1970s, almost every state had adopted some form of no-fault divorce. The new laws allowed for divorce on the basis of “irreconcilable differences,” even if only one party felt that he or she could not stay in the marriage.⁹

Gay men and women, meanwhile, negotiated a harsh world that stigmatized homosexuality as a mental illness or an immoral depravity. Building on postwar efforts by gay rights organizations to bring homosexuality into the mainstream of American culture, young gay activists of the late sixties and seventies began to challenge what they saw as the conservative gradualism of the “homophile” movement. Inspired by the burgeoning radicalism of the Black Power movement, the New Left protests of the Vietnam War, and the counterculture movement for sexual freedom, gay and lesbian activists agitated for a broader set of sexual rights that emphasized an assertive notion of liberation rooted not in mainstream assimilation but in pride of sexual difference.

Perhaps no single incident did more to galvanize gay and lesbian activism than the 1969 uprising at the Stonewall Inn in New York City’s Greenwich Village. Police regularly raided gay bars and hangouts. But when police raided the Stonewall in June 1969, the bar patrons protested and sparked a multiday street battle that catalyzed a national movement for gay liberation. Seemingly overnight, calls for homophile respectability were replaced with chants of “Gay Power!”¹⁰

In the following years, gay Americans gained unparalleled access to private and public spaces. Gay activists increasingly attacked cultural norms that demanded they keep their sexuality hidden. Citing statistics that sexual secrecy contributed to stigma and suicide, gay activists urged people to come out and embrace their sexuality. A step towards the normalization of homosexuality occurred in 1973, when the American Psychiatric Association stopped classifying homosexuality as a mental illness. Pressure mounted on politicians. In 1982, Wisconsin became the first state to ban discrimination based on sexual orientation. More than eighty cities and nine states followed suit over the following decade. But progress proceeded unevenly, and gay Americans continued to suffer hardships from a hostile culture.

Like all social movements, the sexual revolution was not free of division. Transgender people were often banned from participating in Gay Pride rallies and lesbian feminist conferences. They, in turn, mobilized to fight the high incidence of rape, abuse, and murder of transgender people. A 1971 newsletter denounced the notion that transgender people were mentally ill and highlighted the particular injustices they faced in and out of the gay community, declaring, “All power to Trans Liberation.”¹¹

As events in the 1970s broadened sexual freedoms and promoted greater gender equality, so too did they generate sustained and organized opposition. Evangelical Christians and other moral conservatives, for instance, mobilized to reverse gay victories. In 1977, activists in Dade County, Florida, used the slogan “Save Our Children” to overturn an ordinance banning discrimination based on sexual orientation.¹² A leader of the ascendant religious right, Jerry Falwell, said in 1980, “It is now time to take a stand on certain moral issues. . . . We must stand against the Equal Rights Amendment, the feminist revolution, and the homosexual revolution. We must have a revival in this country.”¹³

Much to Falwell’s delight, conservative Americans did, in fact, stand against and defeat the Equal Rights Amendment (ERA), their most stunning social victory of the 1970s. Versions of the amendment—which declared, “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex”—were introduced to Congress each year since 1923. It finally passed amid the upheavals of the sixties and seventies and went to the states for ratification in March 1972.¹⁴ With high approval ratings, the ERA seemed destined to pass swiftly through state legislatures and become the Twenty-Seventh Amendment. Hawaii ratified the amendment the same day it cleared Congress. Within a year, thirty states had done so. But then the amendment stalled. It took years for more states to pass it. In 1977, Indiana became the thirty-fifth and final state to ratify.¹⁵

By 1977, anti-ERA forces had successfully turned the political tide against the amendment. At a time when many women shared Betty Friedan’s frustration that society seemed to confine women to the role of homemaker, Phyllis Schlafly’s STOP ERA organization (“Stop Taking Our Privileges”) trumpeted the value and advantages of being a homemaker and mother.¹⁶ Marshaling the support of evangelical Christians and other religious conservatives, Schlafly worked tirelessly to stifle the ERA. She lobbied legislators and organized counter-rallies to ensure that Americans heard “from the millions of happily married women who believe in the laws which protect the family and require the husband to support his wife and children.”¹⁷ The amendment needed only three more states for ratification. It never got them. In 1982, the time limit for ratification expired—and along with it, the amendment.¹⁸

The failed battle for the ERA uncovered the limits of the feminist crusade. And it illustrated the women’s movement’s inherent incapacity to represent fully the views of 50 percent of the country’s population, a population riven by class differences, racial disparities, and cultural and religious divisions.

Notes

1. Griswold v. Connecticut, 381 U.S. 479, June 7, 1965.
2. Roe v. Wade, 410 U.S. 113, January 22, 1973.
3. Miller v. California, 413 U.S. 15, June 21, 1973.
4. Rita Mae Brown, quoted in David Allyn, Make Love, Not War—The Sexual Revolution: An Unfettered History (New York: Routledge, 2001), 239.
5. Nancy MacLean, Freedom Is Not Enough: The Opening of the American Workplace (Cambridge, MA: Harvard University Press), 121.
6. Ibid., 129.
7. Arland Thornton, William G. Axinn, and Yu Xie, Marriage and Cohabitation (Chicago: University of Chicago Press, 2007), 57.
8. Glenda Riley, Divorce: An American Tradition (New York: Oxford University Press, 1991), 135–139.
9. Ibid., 161–165; Mary Ann Glendon, The Transformation of Family Law: State, Law, and Family in the United States and Western Europe (Chicago: University of Chicago Press, 1989), 188–189.
10. David Carter, Stonewall: The Riots That Sparked the Gay Revolution (New York: St. Martin’s Press, 2004), 147.
11. Trans Liberation Newsletter, in Susan Styker, Transgender History (Berkeley, CA: Seal Press, 2008), 96–97.
12. William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861–2003 (New York: Viking, 2008), 209–212.
13. Jerry Falwell, Listen, America! (Garden City, NY: Doubleday), 19.
14. Donald Critchlow, Phyllis Schlafly and Grassroots Conservatism: A Woman’s Crusade (Princeton, NJ: Princeton University Press, 2005), 213–216.
15. Ibid., 218–219; Joel Krieger, ed., The Oxford Companion to the Politics of the World, 2nd ed. (New York: Oxford University Press, 2001), 256.
16. Critchlow, Phyllis Schlafly and Grassroots Conservatism, 219.
17. Phyllis Schlafly, quoted in Christine Stansell, The Feminist Promise: 1792 to the Present (New York: Modern Library, 2010), 340.
18. Critchlow, Phyllis Schlafly and Grassroots Conservatism, 281.