In its 1973 Session, the General Assembly adopted House Joint Resolution 272 requiring a study of Titles 34, 40.1, 55 and 64.1 of the Code of Virginia to ascertain whether or not any statutes therein provide for treatment of women on a basis different from that of men and whether or not a rational basis exists for such differing treatment.

Assisting the Commission in its study of Titles 34 and 40.1 was Philip S. LaMar, Staff Attorney for the Commission and assisting in its study of Title 55 was William Swindler, Professor of Law at the Marshall-Wythe School of Law of the College of William and Mary.

The Commission, in arriving at the following recommendations and proposed legislation, isolated those sections of Titles 34, 40.1 and 55 that seem to treat women on a basis different from that of men and then thoroughly examined the related law (Virginia and federal Constitutional law, Virginia and federal Case law and federal statutes) to determine whether or not these sections are unconstitutional or superseded. The Commission has suggested repealing those statutes it considers unconstitutional, superseded, or nonbeneficial and has suggested retaining others with certain amendments that will insure women the same treatment as that received by men.

The proposed legislation that follows this Report reflects the Commission's careful consideration of all recommendations and suggestions either brought to its attention or resulting from its own observations, inquiries and deliberations.