For the Equal Rights Amendment -- Shirley Anita Chisholm
Delivered 10 Aug 1970 • U.S. Capitol Building, Washington, D.C.
1970 年 8 月 10 日交付 • 美国国会大厦，华盛顿特区
Mr. Speaker , House Joint Resolution 264 , before us today , which provides for equality under the law for both men and women , represents one of the most clear-cut opportunities we are likely to have to declare our faith in the principles that shaped our Constitution.
议长先生，今天摆在我们面前的众议院第 264 号联合决议规定了男女法律平等，它是我们可能拥有的最明确的机会之一，以表明我们对塑造我们宪法的原则的信仰。
It provides a legal basis for attack on the most subtle , most pervasive , and most institutionalized form of prejudice that exists.
它为攻击现存最微妙、最普遍和最制度化的偏见形式提供了法律依据。
Discrimination against women , solely on the basis of their sex , is so widespread that it seems to many persons normal , natural , and right.
仅仅基于性别的对妇女的歧视如此普遍，以至于在许多人看来这是正常、自然和正确的。
Legal expression of prejudice on the grounds of religious or political belief has become a minor problem in our society.
基于宗教或政治信仰的偏见的合法表达已成为我们社会的一个小问题。
Prejudice on the basis of race is , at least , under systematic attack.
基于种族的偏见至少受到系统性的攻击。
There is reason for optimism that it will start to die with the present older generation.
我们有理由乐观地认为，它将开始与当前的老一代一起消亡。
It is time we act to assure full equality of opportunity to those citizens who , although in a majority , suffer the restrictions that are more commonly imposed on minorities , to women.
现在是我们采取行动确保那些公民享有完全平等的机会的时候了，尽管这些公民占多数，但他们却遭受着更常见于少数群体和妇女的限制。
The argument that this amendment will not solve the problem of sex discrimination is not relevant.
认为该修正案不能解决性别歧视问题的论点是不恰当的。
If the argument were used against a civil rights bill -- as it has been used in the past -- the prejudice that lies behind it would be embarrassing.
如果这个论点被用来反对民权法案——正如过去所使用的那样——其背后的偏见将是令人尴尬的。
Of course laws will not eliminate prejudice from the hearts of human beings.
当然，法律并不能消除人心中的偏见。
But that is no reason to allow prejudice to continue to be enshrined in our laws -- to perpetuate injustice through inaction.
但这并不是让偏见继续被写入我们的法律的理由——通过不作为来延续不公正。
The amendment is necessary to clarify countless ambiguities and inconsistencies in our legal system.
该修正案对于澄清我们法律体系中无数的含糊之处和不一致之处是必要的。
For instance , the Constitution guarantees due process of law , in the 5th and 14th Amendments.
例如，宪法在第五修正案和第十四修正案中保障正当法律程序。
But the applicability of due process to sex distinctions is not clear: Women are excluded from some State colleges and universities.
但正当程序对性别区别的适用性并不明确：女性被排除在一些州立学院和大学之外。
In some States , restrictions are placed on a married woman who engages in an independent business.
在一些州，对从事独立生意的已婚妇女施加限制。
Women may not be chosen for some juries.
某些陪审团可能不会选择女性。
Women even receive heavier criminal penalties than men who commit the same crime.
犯下同样罪行的女性甚至会比男性受到更重的刑事处罚。
What would the legal effects of the Equal Rights Amendment really be?
平等权利修正案的法律效果到底是什么？
The Equal Rights Amendment would govern only the relationship between the State and its citizens -- not relationships between private citizens.
平等权利修正案仅管辖国家与其公民之间的关系，而不管辖私人公民之间的关系。
The amendment would be largely self-executing , that is , any Federal or State laws in conflict would be ineffective 1 year after date of ratification without further action by the Congress or State legislatures.
该修正案在很大程度上是自动执行的，也就是说，如果国会或州立法机构不采取进一步行动，任何有冲突的联邦或州法律将在批准之日起一年后无效。
Opponents of the amendment claim its ratification would throw the law into a state of confusion and would result in much litigation to establish its meaning.
该修正案的反对者声称，该修正案的批准将使法律陷入混乱状态，并会导致大量诉讼来确定其含义。
This objection overlooks the influence of legislative history in determining intent and the recent activities of many groups preparing for legislative changes in this direction.
这种反对意见忽视了立法历史在确定意图方面的影响，以及许多团体最近为朝这个方向进行立法变革做准备的活动。
State labor laws applying only to women , such as those limiting hours of work and weights to be lifted , would become inoperative unless the legislature amended them to apply to men.
仅适用于女性的州劳动法，例如限制工作时间和举重重量的法律，将失效，除非立法机关修改这些法律以适用于男性。
As of early 1970 , most States would have some laws that would be affected.
截至 1970 年初，大多数州的一些法律都会受到影响。
However , changes are being made so rapidly as a result of Title VII of the Civil Rights Act of 1964 , it is likely that by the time the Equal Rights Amendment would become effective , no conflicting State laws would remain.
然而，由于 1964 年《民权法案》第七章的实施，变化正在如此迅速地发生，到平等权利修正案生效时，很可能不会再有相互冲突的州法律了。
In any event , there has for years been great controversy as to the usefulness to women of these State labor laws.
无论如何，多年来，关于这些州劳动法对妇女的用处一直存在很大争议。
There has never been any doubt that they worked a hardship on women who need or want to work overtime and on women who need or want better-paying jobs , and there has been no persuasive evidence as to how many women benefit from the archaic policy of the laws.
毫无疑问，他们为需要或想要加班的女性以及需要或想要高薪工作的女性带来了艰辛，并且没有令人信服的证据表明有多少女性从陈旧的法律政策中受益。
After the Delaware hours law was repealed in 1966 , there were no complaints from women to any of the State agencies that might have been approached.
1966 年特拉华州《工作时间法》被废除后，妇女没有向任何可能接触过的国家机构提出投诉。
Jury service laws not making women equally liable for jury service would have to be revised.
未规定女性担任陪审员同等责任的陪审员服务法必须进行修订。
The selective service law would have to include women , but women would not be required to serve in the Armed Forces where they are not fitted any more than men are required to serve.
兵役法必须将女性纳入其中，但女性并不需要在武装部队中服役，因为她们的装备并不比男性服役的要求多。
Military service , while a great responsibility , is not without benefits , particularly for young men with limited education or training.
服兵役虽然是一项重大责任，但也并非没有好处，特别是对于受教育或训练有限的年轻人来说。
Since October 1966 , 246 , 000 young men who did not meet the normal mental or physical requirements have been given opportunities for training and correcting physical problems.
自1966年10月以来，已有246名不符合正常心理或身体要求的年轻人获得了训练和纠正身体问题的机会。
This opportunity is not open to their sisters.
这个机会不开放给她们姐妹。
Only girls who have completed high school and meet high standards on the educational test can volunteer.
只有完成高中学业并在教育考试中达到高标准的女孩才能担任志愿者。
Ratification of the amendment would not permit application of higher standards to women.
批准该修正案不会允许对妇女适用更高的标准。
Survivorship benefits would be available to husbands of female workers on the same basis as to wives of male workers.
女工的丈夫将与男工的妻子享有相同的遗属福利。
The Social Security Act and the civil service and military service retirement acts are in conflict.
《社会保障法》与《公务员和兵役退休法》存在冲突。
Public schools and universities could not be limited to one sex and could not apply different admission standards to men and women.
公立学校和大学不能仅限于一种性别，也不能对男女实行不同的入学标准。
Laws requiring longer prison sentences for women than men would be invalid , and equal opportunities for rehabilitation and vocational training would have to be provided in public correctional institutions.
要求女性刑期比男性更长的法律将无效，公共惩教机构必须提供平等的康复和职业培训机会。
Different ages of majority based on sex would have to be harmonized.
基于性别的不同多数年龄必须得到协调。
Federal , State , and other governmental bodies would be obligated to follow nondiscriminatory practices in all aspects of employment , including public school teachers and State university and college faculties.
联邦、州和其他政府机构有义务在就业的各个方面遵循非歧视性做法，包括公立学校教师和州立大学和学院教员。
What would be the economic effects of the Equal Rights Amendment?
平等权利修正案的经济影响是什么？
Direct economic effects would be minor.
直接经济影响很小。
If any labor laws applying only to women still remained , their amendment or repeal would provide opportunity for women in better-paying jobs in manufacturing.
如果仅适用于女性的劳动法仍然存在，那么它们的修订或废除将为女性提供在制造业从事报酬更高的工作的机会。
More opportunities in public vocational and graduate schools for women would also tend to open up opportunities in better jobs for women.
为女性提供更多在公立职业学校和研究生院的机会也往往会为女性提供更好的工作机会。
Indirect effects could be much greater.
间接影响可能要大得多。
The focusing of public attention on the gross legal , economic , and social discrimination against women by hearings and debates in the Federal and State legislatures would result in changes in attitude of parents , educators , and employers that would bring about substantial economic changes in the long run.
通过联邦和州立法机构的听证会和辩论，公众的注意力集中在对妇女的严重法律、经济和社会歧视上，这将导致家长、教育工作者和雇主态度的改变，从长远来看，这将带来重大的经济变化。
Sex prejudice cuts both ways.
性别偏见是双向的。
Men are oppressed by the requirements of the Selective Service Act , by enforced legal guardianship of minors , and by alimony laws.
男性受到《兵役法》的要求、对未成年人的强制法定监护权以及赡养费法的压迫。
Each sex , I believe , should be liable when necessary to serve and defend this country.
我认为，在必要时，每个性别都应该有责任服务和保卫这个国家。
Each has a responsibility for the support of children.
每个人都有责任抚养儿童。
There are objections raised to wiping out laws protecting women workers.
有人反对废除保护女工的法律。
No one would condone exploitation.
没有人会纵容剥削。
But what does sex have to do with it?
但这和性有什么关系呢？
Working conditions and hours that are harmful to women are harmful to men; wages that are unfair for women are unfair for men.
对女性有害的工作条件和时间对男性也有害；对女性不公平的工资对男性也不公平。
Laws setting employment limitations on the basis of sex are irrational , and the proof of this is their inconsistency from State to State.
基于性别设定就业限制的法律是不合理的，各州之间的法律不一致就证明了这一点。
The physical characteristics of men and women are not fixed , but cover two wide spans that have a great deal of overlap.
男性和女性的身体特征并不是固定的，而是涵盖了两个有很大重叠的跨度。
It is obvious , I think , that a robust woman could be more fit for physical labor than a weak man.
我认为，很明显，一个强壮的女人比一个虚弱的男人更适合体力劳动。
The choice of occupation would be determined by individual capabilities , and the rewards for equal work should be equal.
选择职业要根据个人能力而定，同工同酬。
This is what it comes down to: Artificial distinctions between persons must be wiped out of the law.
归根结底就是：人与人之间的人为区别必须从法律中消除。
Legal discrimination between the sexes is , in almost every instance , founded on outmoded views of society and the prescientific beliefs about psychology and physiology.
几乎在所有情况下，法律上的性别歧视都是建立在过时的社会观念以及心理学和生理学的前科学信念之上的。
It is time to sweep away these relics of the past and set future generations free of them.
现在是扫除这些过去的遗迹并让子孙后代摆脱它们的时候了。
Federal agencies and institutions responsible for the enforcement of equal opportunity laws need the authority of a Constitutional amendment.
负责执行平等机会法的联邦机构和机构需要宪法修正案的授权。
The 1964 Civil Rights Act and the 1963 Equal Pay Act are not enough; they are limited in their coverage -- for instance , one excludes teachers , and the other leaves out administrative and professional women.
1964 年的民权法案和 1963 年的同工同酬法案还不够；它们的覆盖范围有限，例如，一个不包括教师，另一个则不包括行政和职业女性。
The Equal Employment Opportunity Commission has not proven to be an adequate device , with its powers limited to investigation , conciliation , and recommendation to the Justice Department.
事实证明，平等就业机会委员会并不是一个适当的机构，其权力仅限于调查、调解和向司法部提出建议。
In its cases involving sexual discrimination , it has failed in more than one-half.
在涉及性别歧视的案件中，一半以上都失败了。
The Justice Department has been even less effective.
司法部的效率甚至更低。
It has intervened in only one case involving discrimination on the basis of sex , and this was on a procedural point.
它只介入了一起涉及性别歧视的案件，而且是在程序问题上。
In a second case , in which both sexual and racial discrimination were alleged , the racial bias charge was given far greater weight.
在第二起指控性别歧视和种族歧视的案件中，种族偏见指控受到了更大的重视。
Evidence of discrimination on the basis of sex should hardly have to be cited here.
这里几乎不必引用基于性别的歧视证据。
It is in the Labor Department ’ s employment and salary figures for anyone who is still in doubt.
对于任何仍存疑问的人来说，劳工部的就业和工资数据中都有这一点。
Its elimination will involve so many changes in our State and Federal laws that , without the authority and impetus of this proposed amendment , it will perhaps take another 194 years.
它的废除将涉及我们州和联邦法律的许多变化，如果没有这项拟议修正案的权威和推动，可能还需要 194 年。
We cannot be parties to continuing a delay.
我们不能继续拖延。
The time is clearly now to put this House on record for the fullest expression of that equality of opportunity which our Founding Fathers professed.
现在显然是时候将众议院记录在案，以最充分地表达我们的开国元勋所宣称的机会平等。
They professed it , but they did not assure it to their daughters , as they tried to do for their sons.
他们承认这一点，但并没有像他们试图向儿子保证的那样，向女儿们保证这一点。
The Constitution they wrote was designed to protect the rights of white , male citizens.
他们制定的宪法旨在保护白人男性公民的权利。
As there were no black Founding Fathers , there were no founding mothers -- a great pity , on both counts.
由于没有黑人开国元勋，也没有开国元勋——这两点都是一个很大的遗憾。
It is not too late to complete the work they left undone.
现在完成他们未完成的工作还为时不晚。
Today , here , we should start to do so.
今天，在这里，我们应该开始这样做。
In closing , I would like to make one point: Social and psychological effects will be initially more important than legal or economic results.
最后，我想指出一点：社会和心理影响最初将比法律或经济结果更重要。
As Leo Kanowitz has pointed out:
正如利奥·卡诺维茨所指出的：
Rules of law that treat of the sexes per se inevitabl[y] produce far-reaching effects upon social , psychological and economic aspects of male-female relations beyond the limited confines of legislative chambers and courtrooms.
对待性别本身的法律规则不可避免地会对男女关系的社会、心理和经济方面产生深远的影响，超越立法室和法庭的有限范围。
As long as organized legal systems , at once the most respected and most feared of social institutions , continue to differentiate sharply , in treatment or in words , between men and women on the basis of irrelevant and artificially created distinctions , the likelihood of men and women coming to regard one another primarily as fellow human beings and only secondarily as representatives of another sex will continue to be remote.
只要有组织的法律体系，即最受尊重和最令人恐惧的社会机构，继续在不相干的和人为制造的区别的基础上，在对待或言语上对男女进行严格区分，那么，男女首先将彼此视为人类同胞，其次才视为另一种性别代表的可能性将继续微乎其微。
When men and women are prevented from recognizing one another ’ s essential humanity by sexual prejudices , nourished by legal as well as social institutions , society as a whole remains less than it could otherwise become.
当男人和女人因性偏见而无法认识彼此的基本人性时，而法律和社会制度又助长了性偏见，那么整个社会就会变得比原来更糟糕。
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