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The Legal Opening Wedge to Title IX: EO 11246-11375

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We Too! Gender Equity in Education and the Road to Title IX

Part of the book series: Historical Studies in Education ((HSE))

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Abstract

Chapter 5 shows how feminists used Executive Order (EO) 11375 as a legal opening wedge to Title IX while fueling the nationwide ground swell of feminist activism during the late 1960s. Pivotal to the effort to open up the system for women were Catherine East and Bernice Sandler, each a hub of her network of activists and organizations working against the resistance of President Richard Nixon’s administrators. With the precedence of EO 11375 in hand, activists moved to Congress, where Representative Edith Green held a series of sex discrimination hearings that became instrumental to developments leading to Title IX. Despite their good intentions, however, activists limited the scope of their early endeavor with classist and racist exclusions, largely unintentional, as they were based on advocates’ narrow frame of reference.

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Notes

  1. 1.

    Zelman, Women, Work, and National Policy, 109, 116; Harrison, On Account of Sex, 104; Brauer, “Women Activists, Southern Conservatives, and the Prohibition of Sex Discrimination in Title VII,” 39.

  2. 2.

    Quotes on Sandler’s physical appearance from Sandler interview by Glaser, 1. Sandler, “‘Too Strong for a Woman,’” 9–10; quote on 9.

  3. 3.

    Sandler, “‘Too Strong for a Woman,’” 9.

  4. 4.

    Sandler, “‘Too Strong for a Woman,’” 9.

  5. 5.

    Sandler interview by Glaser, 2.

  6. 6.

    Bridgeman, “Profile of Bernice Sandler,” paragraph 2.

  7. 7.

    Sandler to Lucy Sells, March 23, 1972, ID 12.19, MC557, PSEW; Bridgeman, “Profile of Bernice Sandler,” paragraphs 2–4; Sandler interview by Boschert, July 25, 2014. Sandler and her husband divorced in the mid-1970s.

  8. 8.

    Quote from Dzuback, “Gender and the Politics of Knowledge,” 180. Ruth R. Hawkins, “The Odds Against Women,” Change in Higher Education (Nov.–Dec. 1969): 34, ID 51.1, MC558, BS.

  9. 9.

    “Sex Discrimination in Higher Education Fact Sheet, 1972,” F “Higher Education Fact Sheet 1972,” B L-58, Ed, LWF, BB.

  10. 10.

    Bernice Sandler, “Statement before the Special Subcommittee on Education re Sec. 805 of HR 16098,” June 16, 1970, 6, ID 10.8, MC558, BS.

  11. 11.

    John B. Parrish, “Women in Top Level Teaching and Research,” Journal of American Association of University Women 55 (January 1962): 99–106, ID 51.1, MC558, BS; quote on 102.

  12. 12.

    WEAL, “Facts about Women in Education,” 1970, 1, ID 53.2, MC 558, BS. For an account of a struggle for tenure in a male-centered university, see Abramson, The Invisible Woman.

  13. 13.

    “Women in Education Discriminated Against, NEA Official Tells Senate Subcommittee,” NEA Press Release, May 11, 1970, ID 51.5, MC 558, BS.

  14. 14.

    Lewis, Developing Woman’s Potential.

  15. 15.

    Tony Fuller, “Woman Power is Battle Cry at University,” Cleveland Press, Feb. 10, 1969, ID 51.2, MC558, BS.

  16. 16.

    Nicholas von Hoffman, “Women Scholars: Stymied by System,” Washington Post, Feb. 24, 1969, ID 51.1, MC558, BS.

  17. 17.

    Elizabeth Boyer to Sandler, May 14, 1969, ID 3.147, MC 311, WEAL; Sandler interview by Boschert, July 25, 2014.

  18. 18.

    Sandler, “Statement before the Special Subcommittee on Education re Sec. 805 of HR 16098,” June 16, 1970, 6, ID 10.8, MC558, BS.

  19. 19.

    Sandler interview by Boschert, July 25, 2014.

  20. 20.

    Quotes from Boyer to N.O.W. Member, Dec. 26, 1967, ID 1.27, MC500, WEAL. “NOW Is Out Of Kitchen,” Washington Post, [Nov. 19, 1967], ID 1.27, MC500, WEAL.

  21. 21.

    Quote from Boyer to National Board Members of N.O.W., Jan. 25, 1968, ID 1.27, MC500, WEAL; Elizabeth Boyer, “News Flash!!!” Nov. 6, 1968, ID 1.27, MC500, WEAL. WEAL, “Corporate Purpose Clause,” Nov. 1, 1968, ID 27.34, MC 477, CE. WEAL dissolved in 1989, when funding became a problem: Steenbergen, “Women’s Equity Action League.”

  22. 22.

    Nancy Robb, “Equal-Pay Champion,” The Christian Science Monitor, Sept. 24, 1971, ID 1.22, MC 477, CE.

  23. 23.

    Betty [Boyer] to Marguerite [Rawalt], March 12, 1968, ID 1.50, MC 311, WEAL

  24. 24.

    Betty [Boyer] to Kay [Clarenbach], Oct. 6, 1968, ID 1.50, MC 311, WEAL

  25. 25.

    Nancy Robb, “Equal-Pay Champion,” The Christian Science Monitor, Sept. 24, 1971, ID 1.22, MC 477, CE.

  26. 26.

    Sandler interview by Boschert, July 25, 2014.

  27. 27.

    Catherine East, “Background Paper on Interdepartmental Committee on the Status of Women and Citizens’ Advisory Council on the Status of Women,” 4, Dec. 1968, ID 16.26, MC 477, CE.

  28. 28.

    Boyer to Julia Kaufman, Feb. 11, 1968, ID 1.27, MC500, WEAL. This was one of numerous invitations to Griffiths’ presentation.

  29. 29.

    Griffiths to Boyer, April 3, 1968, ID 1.27, MC500, WEAL.

  30. 30.

    “Rep. Griffiths Says: Nation is Biased Against Women,” Cleveland Plain Dealer, Mar. 30, 1968, 28, ID 1.27, MC500, WEAL.

  31. 31.

    U.S. House, History, Art & Archives, “Griffiths, Martha Wright.”

  32. 32.

    [WEAL letterhead, 1968], ID 1.27, MC500, WEAL.

  33. 33.

    On East’s meetings with state commissions, see Banaszak, The Women’s Movement, 99.

  34. 34.

    Quoted in Banaszak, The Women’s Movement, 100.

  35. 35.

    Quoted in Banaszak, The Women’s Movement, 101.

  36. 36.

    Banaszak, The Women’s Movement, 99.

  37. 37.

    Boyer to East, Oct. 7, 1967, ID 1.22, MC 477, CE. On their strong working relationship, see Betty [Boyer] to Catherine [East], December 27, 1968, ID 1.22, MC 477, CE; and Betty [Boyer] to Catherine [East], June 28, 1973, ID 1.22, MC 477, CE. On Fuentes connecting East with Boyer, see Betty [Boyer] to Fuentes, Oct. 19, 1968, ID 27.34, MC 477, CE. Fuente’s government position prevented her from serving on WEAL’s board: Sonny [Sonia Pressman Fuentes] to Betty [Boyer], ID 7.203, MC 311, WEAL.

  38. 38.

    Boyer to East, Oct. 19, 1968, ID 27.34, MC 477, CE.

  39. 39.

    Eric Wentworth, “Women Seek Equality in Universities,” June 22, 1970, Washington Post, F 4, B 197, PTM.

  40. 40.

    Quoted in Voss, Women Politicking Politely, 79.

  41. 41.

    Quote from Betty [Boyer] to Marguerite [Rawalt], Nov. 5, 1968, ID 27.35, MC 478, MR. Marguerite [Rawalt] to Betty [Boyer], Nov. 12, 1968, ID 27.35, MC 478, MR.

  42. 42.

    DC Federation of Women’s Clubs, “Biographical Sketch, Marguerite Rawalt,” Aug. 1967, ID 8.10, MC 478, MR.

  43. 43.

    On women’s groups of the late 1960s and early 1970s being inclusive and egalitarian, see Polletta, Freedom Is an Endless Meeting, 2–3, 149–150, 159–161.

  44. 44.

    Quote from Boyer to Glaser, Feb. 15, 1969, ID 16.29, MC 477, CE. [WEAL letterhead, 1968], ID 1.27, MC500, WEAL; Indritz to Boyer, Nov. 15, 1968, ID 1.48, MC 311, WEAL; Boyer to Marlow Cook, Nov. 17, 1970, ID 1.48, MC 311, WEAL; Norma Raffel to Member of Congress, June 11, 1975, ID 3.139, MC 311, WEAL.

  45. 45.

    Roth, Separate Roads to Feminism; Breines, The Trouble between Us; Springer, Living for the Revolution; Cobble, The Other Women’s Movement.

  46. 46.

    Saxby, Pauli Murray, 231–32, 258–59; Pauli Murray Center, “What about Pauli Murray and pronouns?”

  47. 47.

    Sandler to Boyer, May 19, 1969, ID 3.147, MC 311, WEAL. On Sandler’s examination of the education acts, see Sandler to Betty [Boyer] June 30, 1969, ID 3.147, MC 311, WEAL. For WEAL’s early ideas and knowledge of the existence of EO 11246-11375, see Your Planning Committee to Participants, [June 1968], ID 1.27, MC500, WEAL.

  48. 48.

    Quote from Boyer to Sandler, May 24, 1969, ID 3.147, MC 311, WEAL. On the Board liking Sandler’s focus on education, see Boyer to Sandler, June 19, 1969, ID 3.147, MC 311, WEAL.

  49. 49.

    Sandler to Dr. Dolan, Oct. 2, 1969, ID 3.147, MC 311, WEAL.

  50. 50.

    Betty [Boyer] to Bunny [Sandler], Oct. 8, 1969, ID 3.147, MC 311, WEAL.

  51. 51.

    Quotes from Betty [Boyer] to Bunny [Sandler], Nov. 1, 1969, ID 3.148, MC 311, WEAL. See also Betty [Boyer] to Bunny [Sandler], Nov. 16, 1969, ID 3.148, MC 311, WEAL. On her fear of flying, see Bunny [Sandler] to Betty [Boyer], Nov. 11, 1969, ID 3.148, MC 311, WEAL.

  52. 52.

    Boyer to WEAL Member, Sept. 3, 1969, ID 3.139, MC 311, WEAL.

  53. 53.

    For EO 11375, see Johnson, “Executive Order 11375—Amending Executive Order No. 11246. For the complete EO 11246-11375, see Kanowitz, Women and the Law, 222–230. The EO includes two parts. The second part covers employees working for federal contractors and subcontractors. The first part covers federal employees, with the Civil Service Commission overseeing government agencies. In 1962, Kennedy directed federal departments and agencies to maintain equal employment opportunities for women; EO 11246-11375 strengthened Kennedy’s directive. Nixon’s EO 11478 of August 8, 1969, which superseded the federal employment section of EO 11246-11375, was essentially the same in intent: see Hole and Levine, Rebirth of Feminism, 47n5, 48.

  54. 54.

    Bunny [Sandler] to Betty [Boyer], Nov. 16, 1969, ID 3.148, MC 311, WEAL.

  55. 55.

    Bunny [Sandler] to Nancy [Dowding], Dec. 9, 1969, ID 3.148, MC 311, WEAL.

  56. 56.

    Quotes from Bunny [Sandler] to Nancy [Dowding], Dec. 10, 1969, ID 3.148, MC 311, WEAL. Bunny [Sandler] to Emily [Leedy], Dec. 10, 1969, ID 3.148, MC 311, WEAL; Bunny [Sandler] to Betty [Boyer], Dec. 10, 1969, ID 3.148, MC 311, WEAL.

  57. 57.

    “Vincent Macaluso, A Hero of Title IX, Receives VFA’s Medal of Honor.”

  58. 58.

    Sandler, “[Notes],”[Dec. 1969], ID 52.17, MC558, BS.

  59. 59.

    Sandler, “Interview [Notes] with Vince Macaluso,” Dec. 10, 1969, ID 52.17, MC558, BS.

  60. 60.

    Sandler, “Macaluso Conversation[s],” Feb. 6 and 12, 1970, ID 52.17, MC558, BS.

  61. 61.

    Sandler interview by Boschert, July 25, 2014.

  62. 62.

    Macaluso interview by Boschert.

  63. 63.

    Bunny [Sandler] to Nancy [Dowding], Dec. 22, 1969, ID 3.148, MC 311, WEAL.

  64. 64.

    Pauli [Murray] to Esther [Peterson], Nov. 7, 1968, ID 41.821, MC 450, EP; Betty [Boyer] to Catherine [East], Nov. 9, 1968, ID 27.34, MC 477, CE. Quote from Betty [Boyer] to Catherine [East], Nov. 17, 1968, ID 27.34, MC 477, CE.

  65. 65.

    “Congresswoman Asks Nixon’s Help in Fight for Equality,” Evening Sun, March 20, 1969, ID 1.52, MC 311, WEAL; U.S. House, History, Art & Archives, “Florence Price Dwyer.”

  66. 66.

    Dwyer to the president, July 8, 1969, ID 49.14, MC558, BS; quotes on 1. Names of congresswomen from Hole and Levine, Rebirth of Feminism, 48.

  67. 67.

    Jo Anne Werne, “‘Women Demand Fair Share,’” Miami Herald, Sept. 19, 1969, ID 16.27, MC 477, CE; Boyer to Margaret Harold, Jan. 19, 1970, ID 1.54, MC 311, WEAL.

  68. 68.

    Anthony Ramirez, “Catherine East, 80, Inspiration for National Women’s Group,” New York Times, Aug. 20, 1966.

  69. 69.

    Rawalt quote from Marguerite [Rawalt] to Betty [Boyer], Feb. 1, 1970, ID 27.36, MC 478, MR; Boyer quote from Boyer to Margaret Harold, Jan. 19, 1970, ID 1.54, MC 311, WEAL; Ramirez, “Catherine East, 80, Inspiration for National Women’s Group.”

  70. 70.

    See Pauli [Murray] to Catherine [East], ID 2.11, MC 477, CE; Pauli [Murray] to Catherine [East], July 12, 1970, ID 2.12, MC 477, CE; Catherine [East] to Bunny [Sandler], March 31, 1972, ID 2.25, MC 477, CE; Norma Raffel to East, Aug. 15, 1972, ID 1.60, MC 311, WEAL.

  71. 71.

    Quotes from Anthony Ramirez, “Catherine East, 80, Inspiration for National Women’s Group,” New York Times, Aug. 20, 1966.

  72. 72.

    Voss, Women Politicking Politely, 42.

  73. 73.

    Jacqueline Trescott, “Working for Women: Catherine East Honored for Showing the Way,” Washington Post, April 30, 1983, ID 1.6, MC 477, CE. East retired after 38 years in government.

  74. 74.

    Zann, “Catherine East,” 6–7; quote on 16. Catherine East’s twenty-year marriage to Charles East ended in divorce in 1956.

  75. 75.

    Stout, A Matter of Simple Justice, 23–28; quotes on 26, Task Force members on 25.

  76. 76.

    A Matter of Simple Justice, April 1970, B L-17, Ed, LWF, BB; quotes on iii. Freeman, The Politics of Women’s Liberation, 207. On Nixon’s ambivalence on the ERA, see Stout, A Matter of Simple Justice, 44; and Skrentny, The Minority Rights Revolution, 235–39.

  77. 77.

    “Nixon Reaffirms Support of Equal Rights Amendment,” Feb. 3, 1974, New York Times.

  78. 78.

    Stout, A Matter of Simple Justice, 19.

  79. 79.

    Stout, A Matter of Simple Justice, 41–42.

  80. 80.

    Stout, A Matter of Simple Justice, 38–40, 50–56.

  81. 81.

    Stout, A Matter of Simple Justice, 32, 46–56.

  82. 82.

    Stout, A Matter of Simple Justice, 37–38.

  83. 83.

    Stout, A Matter of Simple Justice, 65; quotes on 71–72. “Window dressing” is my characterization.

  84. 84.

    This exemplifies Holly McCammon’s “strategic adaptation,” using tactics to suit a given environment. See McCammon, The U.S. Women’s Jury Movements and Strategic Adaptation, 11–33.

  85. 85.

    Stout, A Matter of Simple Justice, 97, 182, 184.

  86. 86.

    Hoff, Nixon Reconsidered, 112. Roth, The Politics of Daycare, 26–31.

  87. 87.

    Glaser, [Nixon’s Record on Women’s Issues], draft, n.p., 1971, ID 16.36, MC 477, CE; Knox and Millsap, “Sex Discrimination and Bureaucratic Politics, 49–66.

  88. 88.

    On Moynihan urging Nixon to support women’s rights, see Skrentny, The Minority Rights Revolution, 234–35. Voss, Women Politiking Politely, 82–83; quote on 83.

  89. 89.

    “Statement of Dr. Bernice Sandler,” 419; Sandler to Arie Y. Lewin, Oct. 26, 1971, ID 12.18, MC557, PSEW.

  90. 90.

    Dowding to Shultz, Jan. 31, 1970, ID 51.6, MC558, BS; Sandler, “Macaluso Conversation[s],” Feb. 6 and 12, 1970, ID 52.17, MC558, BS.

  91. 91.

    “Women’s Equity Action League—Universities and Colleges Charged with Sex Discrimination,” 423–25; Sandler, “Too Strong for a Woman,” 10.

  92. 92.

    On conventional v. confrontational tactics, see Banaszak, The Women’s Movement, 118–120; quotes on 120.

  93. 93.

    Sandler interview by Boschert, July 25, 2014.

  94. 94.

    Women’s Equity Action League, “Universities and Colleges Charged with Sex Discrimination,” Feb. 7, 1971, ID 47.21, MC558, BS; Sandler to Arie Y. Lewin, Oct. 26, 1971, ID 12.18, MC557, PSEW.

  95. 95.

    Freeman, The Politics of Women’s Liberation, 197.

  96. 96.

    Sandler, “A Little Help from Our Government,” 442.

  97. 97.

    Freeman, The Politics of Women’s Liberation, 196–97; Sandler, “Too Strong for a Woman,” 10. For numerous letters between Sandler and campus women, see [Correspondence], 1970, ID 3.151 through ID 3.160, MC 311, WEAL.

  98. 98.

    Berman telephone interview by author. An example of Sandler’s correspondence: Pauline Cusak (pseudonym) to Sandler, Dec. 4, 1970; Sandler to Cusak, Dec. 8, 1970; Cusak to Sandler, Dec. 21, 1970, MC 558, BS.

  99. 99.

    Mary Jean Collins-Robson to James D. Hodgson, May 7, 1971, ID 51.5, MC558, BS.

  100. 100.

    Sandler to Myra Sadker, Jan. 24, 1972, ID 12.19, MC557, PSEW.

  101. 101.

    Sandler to Griffiths, Jan. 13, 1970, ID 3.149, MC 311, WEAL; Bunny [Sandler] to Betty [Boyer], Jan. 23, 1970, ID 3.149, MC 311, WEAL.

  102. 102.

    Boyer’s quote from Betty [Boyer] to Marguerite [Rawalt], Jan. 25, [1970], ID 27.36, MC 478, MR; Sandler’s quote from Bunny [Sandler] to Vince [Macaluso], Feb. 6, 1970, ID 3.149, MC 311, WEAL.

  103. 103.

    Sandler interview by Glaser.

  104. 104.

    Quote from Sandler to Laurine Fitzgerald, Feb. 4, 1970, ID 3.150, MC 311, WEAL; Sandler, “Too Strong for a Woman,” 11; Dowding to WEAL Member, Feb. 1970, ID 3.149 MC 311, WEAL.

  105. 105.

    Sandler to Nancy [Dowding] and the Board of WEAL, Feb. 11, 1970, ID 3.149, MC 311, WEAL.

  106. 106.

    Sandler, “A Little Help from Our Government,” 442–43. Samples of letters: Sandler to Hodgson, July 5, 1970, ID 57.23, MC558, BS; and Mink to Shultz, Feb. 10, 1970, ID 49.14, MC558, BS. WEAL’s mobilization of constituents exemplifies resource mobilization; see Van Dyke, “Movement Emergence and Resource Mobilization,” 360.

  107. 107.

    Griffith, “The Federal Government Violates National Policy,” 6400; Sandler, “‘Too Strong for a Woman,’” 11. On Sandler drafting Griffith’s speech, see Sandler to Nancy [Dowding] and the Board of WEAL, Feb. 11, 1970, ID 3.149, MC 311, WEAL.

  108. 108.

    Sandler, “‘Too Strong for a Woman,’” 11; Sandler, “A Little Help from Our Government,” 442–43.

  109. 109.

    Sandler, “A Little Help from Our Government,” 444.

  110. 110.

    Betty [Boyer] to Bunny [Sandler], Feb. 14, 1970, ID 3.150, MC 311, WEAL, capitalization in original.

  111. 111.

    “Women in Education Discriminated Against, NEA Official Tells Senate Subcommittee,” NEA Press Release, May 11, 1970, ID 51.5, MC 558, BS.

  112. 112.

    Sandler to Richardson, Oct. 13, 1970, ID 1.54, MC 477, CE.

  113. 113.

    Sandler to Chisholm, Sept. 27, 1970, ID 52.11, MC558, BS.

  114. 114.

    Boyer to WEAL member, June 19, 1969, ID 27.34, MC 477, CE; Dowding to WEAL member, July 1970, ID 27.35, MC 477, CE.

  115. 115.

    Sandler to Shultz, April 28, 1970, ID 52.11, MC558, BS.

  116. 116.

    Sandler to Cranston, July 12, 1970, ID 52.11, MC558, BS.

  117. 117.

    Sandler to Richardson, Oct. 26, 1970, ID 52.10, MC558, BS.

  118. 118.

    Haas (pseudonym) to Carl Metzger, July 20, 1972, EG; Haas to Edith Green, May 13, 1972, EG. Numerous examples of HEW and DOL resistance to enforcing the EO are in the papers of Green and Sandler.

  119. 119.

    Paige (pseudonym) to Green, Nov. 8, 1972, EG; Paige to Green, July 24, 1972, EG; Hodgdon to Paige, Nov. 17, 1970, EG.

  120. 120.

    Quotes from WEAL, “Resolution Calls for Congressional Investigation of HEW’s Handling of Sex Discrimination Investigations,” Dec. 1971, ID 47.21, MC558, BS. Sandler worked with Green’s staff in prodding HEW and DOL: see Green to Shultz, June 18, 1970; Hodgson to Green, July 9, 1970; Bunny to Hogan, July 16, 1970; Green to Hodgson, July 24, 1970; in F “Sex Discrimination,” B 184, EG.

  121. 121.

    Sandler, “WEAL, Dr. Sandler’s Report, 1970,” 1, [Nov.] 1970, ID 49.15, MC558, BS; Roschwalb quote from Roschwalb to Liaison Officers, Dec. 4, 1970, 2, ID 49.15, MC558, BS. “Landmark agreement” from John Mathews, “HEW Pushed on College Sex Bias,” Jan. 25, 1971, Star, Scrapbook 1971, B 375, EG.

  122. 122.

    Sandler, “A Little Help from Our Government,” 446–447; details on information investigators requested on 445. Written affirmative action plans were added in 1973.

  123. 123.

    Hollis Bach to Joan Baker and Barbara Thulin, Oct. 29, 1971, F “Complaints,” B 218, EG.

  124. 124.

    Sandler, “A Little Help from Our Government,” 454. Sandler’s essay was published before court decisions.

  125. 125.

    Boyer to Richardson, April 27, 1971, F Correspondence, B ERWo, SCA, BB.

  126. 126.

    Sandler, “A Little Help from Our Government,” 450.

  127. 127.

    Brock quotes in Freeman, The Politics of Women’s Liberation, 196; Sandler, “A Little Help from Our Government,” 443. Examples of congressional correspondence: Howard Baker Sandler, July 7, 1971, ID 47.15, MC 558, BS; Daniel Inouye to Sandler, Aug. 5, 1971, ID 47.15, MC 558, BS.

  128. 128.

    Brock quotes in Freeman, The Politics of Women’s Liberation, 199. Sandler, “A Little Help from Our Government,” 443.

  129. 129.

    Quote from Hole and Levine, Rebirth of Feminism, 46.

  130. 130.

    NOW, “Background on Federal Action,” 512.

  131. 131.

    Hole and Levine, Rebirth of Feminism, 45.

  132. 132.

    NOW, “Background on Federal Action,” 514–15. The sequence of events is EO 11246-11375 signed on October 13, 1967; proposed guidelines issued on January 17, 1969; hearings on proposed guidelines held August 4–6, 1969; official guidelines issued on June 9, 1970.

  133. 133.

    NOW, “Background on Federal Action,” 513.

  134. 134.

    Sandler, “A Little Help from Our Government,” 451. For EO 11246-11375, see Kanowitz, Women and the Law, 222–230.

  135. 135.

    Quote from Boyer to Green, June 27, 1970, ID 1.55, MC 311, WEAL. Green to Shultz, June 18, 1970, ID 1.55, MC 311, WEAL; Sandler to Fletcher, July 11, 1970, ID 16.27, MC 477, CE.

  136. 136.

    Bunny [Sandler] to Pauli [Murray], Aug. 15, 1970, ID 105.1894, MC 412, PM.

  137. 137.

    Quote from Hodgson to Murray, Aug. 21, 1970, ID 105.1874, MC 412, PM; Boyer to John Wilkes, Aug. 25, 1970, ID 27.36, MC 478, MR.

  138. 138.

    Sandler, “A Little Help from Our Government,” 451, 461 n8, emphasis mine; “Act On Revised Order No. 4,” National Newsletter of the Women’s Equity Action League, 4:2 (May 1972): 2, ID 140.2550, MC 412, PM. In 1973, the U.S. Commission on Civil Rights defined affirmative action as “steps taken to remedy grossly disparate staffing and recruitment patterns that are the present consequence of past discrimination and to prevent the occurrence of employment discrimination in the future”: Statement of Affirmative Action for Equal Employment Opportunities, U.S. Commission on Civil Rights, 1973, 14, quoted in Sandler, “Sex Discrimination, Educational Institutions, and the Law,” 617.

  139. 139.

    Sandler, “Sex Discrimination, Educational Institutions, and the Law,” 617–18; see 617 on the distinction between numerical goals and quotas, quotas being illegal, while goals—based on the percentage of qualified women available, not on their representation in the population—were legal. For a table showing provisions of EO 11246-11375 and other laws and regulations on sex discrimination, see Sandler, “A Little Help from Our Government,” 457–62.

  140. 140.

    Sandler, “A Little Help from Our Government,” 451–52.

  141. 141.

    WEAL, “Call for Immediate Action,” March 18, 1974, MC558, BS.

  142. 142.

    Sandler, “Too Strong for a Woman,” 10.

  143. 143.

    Sandler to John J. Pemberton [Acting General Counsel of the EEOC], Jan. 20, 1972, ID 12.19, MC557, PSEW.

  144. 144.

    Sandler to Pottinger, Oct. 18, 1972, ID 3.2, MC557, PSEW, emphasis mine. At this time, Sandler worked for the AAC.

  145. 145.

    Sandler, “Sex Discrimination, Educational Institutions, and the Law, Appendix II, 631–35.

  146. 146.

    Green’s subcommittee was also referred to as the Subcommittee on Education, Subcommittee on Postsecondary Education and Subcommittee on Higher Education.

  147. 147.

    Green interview by Tanzer, 2–15; Ross, “Congresswoman Edith Green,” 58. Green and her husband divorced in 1963. For the number of women representatives: Lamson, Few Are Chosen, 87.

  148. 148.

    Green interview by Dreifus; Ross, “Congresswoman Edith Green,” 60–65.

  149. 149.

    Gehlen, “Women in Congress,” 37, quote on 40.

  150. 150.

    Green interview by Tanzer, 41.

  151. 151.

    Green interview by Tanzer, 56–57; Congressional Staff Directory, 89th–94th Cong.; Congressional Directory, 89th–94th Cong.

  152. 152.

    Fishel and Pottker, National Politics and Sex Discrimination in Education, 71 note c.

  153. 153.

    Wides, Edith Green, 1.

  154. 154.

    Green interview by Tanzer, 62; Green interview by Harrison, 16–17.

  155. 155.

    Wides, Edith Green,15; Green interview by Tanzer, 67–68; U.S. House, History, Art & Archives, “Green, Edith Starrett”; “Higher Education Facilities Act of 1963, Public Law 88-204, 77 STAT 363”; “Higher Education Act of 1965, Public Law 89-329 STAT 1219.” On “Mrs. Education,” see Bill Keller, “Our Mrs. Green Will Leave Her Mark in Washington, Plus Some Sighs of Relief Among the Well-Earned Roses,” May 12, 1974, The Sunday Oregonian, OHS, Portland, Oregon.

  156. 156.

    Sandler interview by Boschert, July 25, 2014; Feeney interview by author; Wides, Edith Green, 26; Stapleton interview by author. See also Gehlen, “Women in Congress,” 40.

  157. 157.

    Norman C. Miller, “Rep. Edith Green, a Bareknuckle Fighter,” Wall Street Journal, Dec. 3, 1969, F “Articles,” B 352, EG.

  158. 158.

    Cazenave, Impossible Democracy, 166–69, quote on 168.

  159. 159.

    Quotes from Green interview by Tanzer, 66. Wides, Edith Green, 18–19; Bill Keller, “Our Mrs. Green Will Leave Her Mark in Washington, Plus Some Sighs of Relief Among the Well-Earned Roses,” May 12, 1974, The Sunday Oregonian, OHS, Portland, Oregon.

  160. 160.

    Green quotes from Gayle Tunnell, [no title], Washington Post-Potomac, Aug. 9, 1970, Marilyn Stapleton files; Feeney quotes from Feeney interview by author. For a full discussion on Russell, see Caro, Master of the Senate, 182–202. My discussion of Green here agrees with her actions regarding ESEA (1965) discussed in Casalaspi, “The Making of a ‘Legislative Miracle,’” 262–67.

  161. 161.

    Green to Mona Rasmussen, August 4, 1970, F “Sex Discrimination,” B 184, EG.

  162. 162.

    Green interview by Harrison, 16–17.

  163. 163.

    Bill Robertson, “Rep. Green Leader in Women’s Rights,” Oregon Journal, Oct. 14, 1971, sec. 2, p.4.

  164. 164.

    Green interview by Tanzer, 15, 101–102.

  165. 165.

    Sandler, “WEAL, Dr. Sandler’s Report, 1970,” [Nov.] 1970, ID 49.15, MC558, BS; Sandler interview by Boschert, July 25, 2014.

  166. 166.

    Harry Hogan to Green, July 27, 1971, ID 24.25, MC558, BS; Sandler to Green, Nov. 11, 1971, ID 2.18, MC557, PSEW. On Sandler’s six-month job, see Sandler interview by Glaser. On ending her job officially on Jan. 31, 1971, see Bunny [Sandler] to Pauli [Murray], March 7, 1971, ID 140.2551, MC 412, PM. Stapleton interview by author; Feeney interview by author.

  167. 167.

    H.R. 16098: Omnibus Postsecondary Education Act of 1970, Feb. 19, 1970, 91st Congress, 2nd Session, ID 10.9, MC558, BS; section 805 on 77–78.

  168. 168.

    Green to Shultz, March 20, 1970, and June 18, 1970; Hodgson to Green, July 9, 1970; Bunny [Sandler] to Hogan, July 16, 1970; Green to Hodgson, July 24, 1970: F “Sex Discrimination,” B 184, EG. Green to Marland, June 7, 1971, ID 24.25, MC558, BS.

  169. 169.

    Quote from Sandler interview by Boschert, July 25, 2014.

  170. 170.

    U.S. House, History, Art & Archives, “Patsy Takemoto Mink”; Russell, “Patsy Takemoto Mink.” Quotes from Lamson, Few Are Chosen, 98.

  171. 171.

    Sandler interviews by Boschert, July 25, 2014, and Sept. 17, 2014.

  172. 172.

    H.R. 18278, “Women’s Equality Act of 1970,” June 30, 1970, 91st Cong., 1st sess.; Abner J. Mikva, “Women’s Equality Act of 1970,” Congressional Record, July 2, 1970, E 6217–E 6218, ID 16.33, MC 477, CE; U.S. House, History, Art & Archives, “Abner Joseph Mikva.”

  173. 173.

    “Mink, Patsy T.,” Congressional Record 116 (1970–71), 767–769; “Mink, Patsy T.,” Congressional Record 117 (1971): 979–981.

  174. 174.

    H.R. 16098, 91st Cong., 2nd Sess., Feb. 19, 1970; Sandler interview by Reid.

  175. 175.

    Stimpson, “Introduction,” xiii.

  176. 176.

    Stimpson, “Introduction,” xiv; Sandler phone interview by Boschert, Sept. 17, 2014.

  177. 177.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 20.

  178. 178.

    Quotes from Sandler interview by Boschert, July 25, 2014. Fishel and Pottker, National Politics and Sex Discrimination in Education, 96; Sandler interview by Reid.

  179. 179.

    U.S. House, Discrimination against Women.

  180. 180.

    Quotes describing Green in Stimpson, “Introduction,” xv. Green quotes in Green, [Opening Statement.], 5.

  181. 181.

    NOW, “Background on Federal Action,” 516–19.

  182. 182.

    Mink’s statement is in U.S. House of Representatives, Discrimination against Women, Part 1, 433–34; Griffiths’ statement is in the U.S. House of Representatives, Discrimination against Women, Part 2, 709.

  183. 183.

    Chisholm’s statement is in the U.S. House of Representatives, Discrimination against Women, Part 2, 617–22, quotes on 618.

  184. 184.

    “Statement of Dr. Bernice Sandler,” 417; italics in original.

  185. 185.

    “Statement of Dr. Pauli Murray,” 311; “Statement of Ann Sutherland Harris,” 399; “WEAL Fact Sheet on Sex Discrimination in Universities and Colleges,” 425–27.

  186. 186.

    On the primary focus of the hearings, see U.S. House of Representatives, Discrimination against Women; and Sandler phone interview by Boschert, Sept. 17, 2014.

  187. 187.

    Rose, “The Development of U.S. Higher Education Policy,” 156; Millsap, “Advocates for Sex Equity,” 19.

  188. 188.

    “Statement of Jerris Leonard,” 235–243. Information on Leonard from Graham, The Civil Rights Era,421, 424.

  189. 189.

    Myra MacPherson, “Women’s Lib Consensus,” Washington Post, July 25, 1970, ID 1.55, MC 311, WEAL.

  190. 190.

    “Report of Meeting of Women’s Coordinating Council,” July [25], 1970, ID 1.55, MC 311, WEAL.

  191. 191.

    Hall, American Patriotism, American Protest, 51–52.

  192. 192.

    Quotes from Sandler interview by Boschert, July 25, 2014. Stimpson, “Introduction,” xiv.

  193. 193.

    On the numerous requests, see folders “Requests, Discrimination Against Women,” July 1970–December 1971, B 216, EG; Green to Elizabeth Smith, Jan. 17, 1973, F “Sex Discrimination Hearings Request,” B 218, EG.

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Tamura, E.H. (2022). The Legal Opening Wedge to Title IX: EO 11246-11375. In: We Too! Gender Equity in Education and the Road to Title IX. Historical Studies in Education. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-02074-2_5

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