March 2, 1970: In what is hoped will be a major advance for women’s rights, the Supreme Court has for the first time agreed to hear a case alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964.
The plaintiff is Ida Phillips, who was denied a position as an assembly line trainee in 1966 because the Martin Marietta Corporation has a rule against hiring women—but not men—with pre-school-aged children.
The Circuit Court’s ruling gave an apparent “seal of approval” to the company’s assumption that mothers have greater family responsibilities than fathers, which could make them less reliable employees.
As a result of Carswell’s opposition to hearing the Phillips case, National Organization for Women President Betty Friedan and Representative Patsy Mink appeared at his confirmation hearing on January 29th to oppose the nomination of someone who could not see that discrimination against mothers, but not fathers, was discrimination based on sex, and who was unwilling to even listen to the arguments in the Phillips case.
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