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Article 23. The family is the basis of human society and its traditions for good or evil permeate the nation. Hence marriage and the family are protected by law, and it is hereby ordained that they shall rest upon the indisputable legal and social equality of both sexes, upon mutual consent instead of parental coercion, and upon cooperation instead of male domination. Laws contrary to these principles shall be abolished, and replaced by others viewing choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family from the standpoint of individual dignity and the essential equality of the sexes.
Article 24. In all spheres of life, laws shall be designed for the promotion and extension of social welfare, and of freedom, justice and democracy. Free, universal and compulsory education shall be established. The exploitation of children shall be prohibited. The public health shall be promoted. Social Security shall be provided.
Gordon had also included specific clauses which would protect and aid expectant and nursing mothers, promote infant and child welfare, and establish just rights for illegitimate and adopted children, and for the underprivileged. It was ruled by the Chief of Government Section, General Courtney Whitney, that the "minutiae of social legislation should be omitted and a general statements should be made that social security should be provided." Thus all wording of protective legislation was eliminated.
We can, now, begin to see the outline of the controversy over just what equality of men and women should encompass. Gordon understood the need to include the "minutiae" but this conflicted with ingrained attitudes of most of the American men about what should be in a Constitution and what should be left for future legislation. Many of the same rights which Whitney ruled out of the American draft, and, therefore, were not available to Diet members during their debates of the summer of 1946, were coincidently offered as amendments in the Constitution Committee by Katō. And once again men would claim that such specificity was not appropriate for a constitution.
Once the American draft of a constitution was written, it was presented to the Shidehara government, still in power, which, then passed it off in the press and the Diet discussions to come as their own creation.
The Election of April 10. 1946
In the rescheduled election of 4/10/46, about 75% of the eligible men and about 67% of women voted. Of 97 women candidates vying for 466 seats, 8 Socialists, 8 Liberal, 8 Progressive, 1 Communist, and 14 women running for smaller parties or as independents were elected, for a total of 39. Katō Shidzue, who had campaigned strenuously using radio, the press, the megaphone and the street corner, won from Tokyo's second district as a member of the Socialist Party.
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