University of Virginia Library

Divorce Court

Perhaps the most controversial
question to take its place
concerns family law. This issue
involves alimony, child custody
and support and the financial
obligation of a husband to his
child and family. While
opponents opt for the status
quo, proponents believe that
one's function in the family
decides what he should
contribute.

Mrs. Schlafly argues that
ERA will wipe out the
financial obligation of a
husband and father to support
his wife and children-"the most
important of all women's
rights." Other opponents say
that in weakening a man's
obligations to support the
family, the family will itself be
weakened.

Kathleen Teague,
co-chairman of the Virginia
Stop ERA group, asserts that
the bill "will take away
privileges from housewives and
working women." A woman's
present freedom of choice "to
get a job or be a homemaker,"
she says, "will be wiped out."

The Northern Virginian
chapter of NOW claims that
ERA would not require
mathematically equal
contributions to family
support from husband and wife
in any given family.

Instead, it says, a
"functional definition based on
contributions to family welfare
would be permissible."

Proponents also cite
Congresswoman Francis Dwyer
(R-NJ.) who has said "it
would not take women out of
the home; it would not
downgrade the roles of mother
and housewife. It would give
new dignity to these important
roles. The role of housewife
would become a position
accepted by women as
equals-not a role imposed on
them as inferiors."

Alimony and child support
in divorce cases would also be
determined by the needs of the
individuals and not arbitrarily
assigned by sex, says the
Virginia League of Women
Voters. "Both parents have the
responsibility to support
themselves and their children
to the extent that they are
able. This ability will largely be
determined by the function of
each in the family."

According to this view
alimony could be awarded to
the husband in a divorce case,
if he were economically
dependent on the wife. In a
child support case the
responsibility would be equally
divided between the parents if
both have earning capacities.