Women's Place Under California Law

"But you can't legislate change in people's attitudes " is not an uncommon reply to supporters of women's rights legislation. This attitude holds that the second-class status of women in our society is a cultural rather than a legal concern. In fact. however, California law is riddled with statutes authorizing different treatment for women than men. Many of time salutes have undoubtedlyreflected social reality and not just stereotyped predjudices, but at the same time, by their continued existence and enforcement, these laws have supported and perpetuated sex discrimination. Further. there we many areas of abuse where the state legislature could legitimately step in but instead have given tacit approval to discriminatory practices by remaining silent.

The sterotyped American family --- husband at work. wife at home with the kids - is virtually spelled out in California statutes. " Every man shall support his wife and his child" (Civil Code Section 242). while the woman's duty is to "support her child". she is only expected to support her husband when he is in need" (Civil Code Section 243). A father who fails to support either a legitimate or illegitimate child can be found guilty of a misidemeanor (Penal Code Section 270). A husband's abandonment or non-support of his wife is also a misdemeanor (Penal Code Section 270a). Until recently, mothers were given pieference over fathers in child custody case; now. each parent is entitled to equal consideration by the court. (Civil Code Section 4600a as amended, 1972).

The law establishes the man in the house as the family financier. Each partner has an equal interest in the family"s property. etc.. but almost all
of the couple*s community property is under the management and control of the husband" (Civil Code Section 5105).The wife has control of her earnings until they are comingied in the community property (Civil Code Section 5124).

Community Property Law

Community property law was formerly viewed as a protection for the wife, giving her a stake in the family's assets even if they all sternmed from the husband's earnings. A wife's traditional "woman.s work" - - household duties and child care -- receives no earnings.

But she does not really have a fair share at aIl. While neither spouse can dispose community real property. e.g. their house. without the other's consent,. the husband can mostly do as he pleases with corrimunity money and possessions. He cannot give away community property on his own. but. with one exception, he can sell it. As befitting the traditional . . woman's role". one particular area of personal property is presumed to be the wife's important domain: the husband cannot "sell. convey, or encumber the furniture, furnishings. or fittings of the home. or the clothing or wearing apparel of the wife or minor children that is communitv without the written consent of the wife - (Civil Code, Section, 5125). A husband may sell the family's car without his wife's consent. but not the pots and pans.

While the community property ii under the husband's management and control, he is generally liable for his contracts and debts. He is not liable for contracts made by the wife after marriage "unless such contracts are secured by the husband's pledge or mortagage of the community property." (Civil code Section 5116).
Note from archivist: Other topics in this very informative article include Reitrement, Maternity Leave, Labor Laws and Job Discrimination. Please see original as I find this too difficult to copy here