Why is the Equal Rights Amendment Important?

Look around! If you are a woman, you face a subtle kind of discrimination every day. In the workplace, your salary may not be commensurate with the work you do — or the pay received by men doing the same job. You may be called names: honey, sugar, dear (by strangers or by other workers). You may be made to feel that you are required to apply gobs of makeup and wear bone-crushing shoes to do your job “appropriately”.

As a woman, you may feel out of place in gatherings where “suits” prevail. You also may feel left out when you see photos of the Supreme Court, the state and federal legislatures, gatherings of mayors and governors, business meetings, sporting events, and listings of the Fortune 500. (Many golf courses still specify “Ladies Day” and many saloons feature “Ladies Night”!)

More importantly, women need constitutional affirmation — to know that terms such as “liberty and justice for all,” “equal justice under the law,” “government of the people, by the people, and for the people,” and especially “all men are created equal” apply to you — a woman!

THE LAW
By placing this amendment in the constitution, courts would feel the onus to treat women as equal citizens under the law. The ERA would influence the law in lower courts as well as Supreme Court decisions — there would be justification for treatment of women in discrimination cases as forcefully as race discrimination is currently protected (as a result of the 15th Amendment).

In today’s culture, a kind of whiplash effect is taking place in the area of sex discrimination. Conservative politicians are moving toward removing many of the protective legislation concerning women in attempts to return women to the roles of yesteryear (in the kitchen, bedroom, and nursery).

All this at a time when governing documents of many other nations of the world already affirm the legal equality of the sexes (even in Japan and Iraq where constitutions were created under the direction of the United States).

THE TIME IS NOW
Furthermore, the ERA is needed because it is time. In the 21st century, women’s only rights underscored in the U.S. Constitution involve the right to vote. Women need the protection of their rights to equal education, fair paychecks, political and economic opportunities, and freedom from violence. Women also need the freedom to pursue their own “happiness” without having to fight every step of the way — politically, economically, and judicially.

As soon as women and men can work side by side without concern for basic issues of human rights, the sooner the energies of both women and men can be merged to face the challenges of the day. Yes — men and women are different, in many ways. Wouldn’t it make sound strategy to meld the differences to make a much stronger force in the progress of civilization in the 21st century?

Whatever Happened to the ERA?

Whatever Happened to the ERA?

Ask anyone: what ever happened to the ERA? And you get a blank stare or an "I don't know," or "Huh?" What's happened is the Equal Rights Amendment that was close to ratification in 1978 has been all but forgotten.

Other common responses are: "The ERA was passed a long time ago." Or, "What's the ERA?" In a recent 7-question survey, college students — even some in Women's Studies classes — couldn't answer them all correctly.

TAKE THIS QUIZ (Dare yah!)
Here are the questions — just seven of them. How do you fare?

1. What does ERA stand for, as it pertains to women? a) Education Rights Amendment; b) Equal Rights Amendment; c) Economic Recovery Act; d) Equal Rights Act.

2. The ERA was first proposed in: a) 1923; b) 1945; c) 1978; d) 1982.

3. The ERA was made into law in a) 1923; b) 1945; c) 1978; d) 1982.

4. The ERA was ratified by a) 33 states; b) 35 states; c) 38 states; d) all 50 states.

5. The rights of women are clearly protected a) in the U.S. Constitution; b) in the new Iraq Constitution; c) in the Bill of Rights; d) in the Women's Rights Act of 1975.

6. The 14th Amendment a) assures women's rights in the Constitution b) provides voting privileges for "all citizens;" c) excludes women by reference to "voting males;" d) was written by a woman.

7. In the U.S. Constitution a) the rights of women are not spelled out; b) the words "citizens" and "persons" are not meant to apply to women and blacks; c) separate amendments were necessary to secure the vote for women and blacks; d) all of the above

After you check the right answers (below), you'll know that ERA stands for the Equal Rights Amendment to the Constitution of the U.S., that it was first proposed in 1923 by Alice Paul, and that it was never added to the Constitution because it fell short of ratification by three states. You'll also realize that the rights of women in Iraq are protected by its new constitution. What you may not realize is that women's rights are protected in just about every democratic country in the free world — except the United States.

The 14th Amendment to the U.S. Constitution clearly excludes women by reference to "voting males," thereby opening the door to renewing the ratification process interrupted in 1978. Another precedent of law involves the Madison Amendment, the 27th of the Constitution, which was finally ratified in the 1990s after lying dormant for 203 years.

The final question clarifies the current status of women's rights in the U.S. They are not protected under the U.S. Constitution. The words "citizens" and "persons" are not meant to apply to women and blacks (slavery was abolished through the 15th Amendment).

The shame lies with the women of the U.S. who have been compliant in letting this oversight continue, by not demanding that their rights be spelled out in the Constitution. And shame on the country as a whole, a nation considered the leader of the democratic free world, for insisting on human rights around the world while omitting them at home.

Six states have bills in the hopper to ratify the ERA Amendment and make it law — Florida, Arizona, Missouri, Louisiana, Illinois and Arkansas. If those fail, there are 9 other states that have not ratified the amendment as yet (Alabama, Georgia, Mississippi, Nevada, North Carolina, Oklahoma, Utah, and Virginia).

Three bills also are in the works in the U.S. Congress. In December 2005, Senator Edward Kennedy reintroduced the ERA (as S.J.Res.7) in the Senate; Representative Carolyn Maloney reintroduced it (as H.J.Res.37) in the House of Representatives. In addition, Representative Robert Andrews reintroduced the resolution (as H.Res.155) requiring the House to take any legislative action necessary to verify that the addition of three more state ratifications will fulfill the requirements to add the ERA to the U.S. Constitution.

In other words, the path is clear to seek ratification now and add this amendment covering the rights of women to the U.S. Constitution. The Equal Rights Amendment is one of those pesky items that has been pushed to the backburner and nearly forgotten. With the world in turmoil, fighting over rights of human beings, the time seems right.

Contact your congressional representatives in Washington and urge them to get down to work and take care of this small but very important housekeeping detail. If you live in a state that has yet to ratify the amendment, contact representatives and urge ratification as soon as possible.

[Answers: 1-b; 2-a; 3-none; 4-b; 5-b; 6-c; 7-d.]