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DELEGATE HARDWICKE: Mr. Chairman, I think I
might be able to shed some light on the problem. The
language that has been considered in the Congress of the
United States with respect to an amendment to the
Federal Constitution would apply, would create an equal
protection clause for women, so to speak.
It does not get into due process problem at
all, and when we considered it in the committee we
considered it in the form of the proposed amendment to
the Federal Constitution, which would be a separate clause
which would provide that a person shall not be denied the
equal protection of the law because of sex, and I believe
that the case law is fairly clear, that if you use that
approach to it you don't run into the question raised by
the Chair.
I would respectfully suggest that Delegate
Storm withdraw the amendment for the time being, if the
Chair would allow it, and the concept be reintroduced in
sound legal language of te type I think possibly Delegate
Bamberger has in mind, which will not get into this ques-
tion of a reasonable classification based upon sex, which
we have to continue to permit in our society.