Political News and Conservative Analysis About Congress, the President, and the Federal Government
On the Friday before Monday’s inauguration, Biden issued a declaration on social media and in a speech to the U.S. Conference of Mayors,that the so-called Equal Rights Amendment, which has achieved ratification in only three states since being rejected in the 1970s, was the “law of the land — now!”admit the declaration has no actual force, as the executive branch has no power over the amendment process.
But then Phyllis Schlafly and conservative women pointed out some of the same shortcomings opponents point to today — that the ERA, in fact, damages the station of women by forcing them to be interchangeable with men in the eyes of the law — and the amendment was roundly defeated, stopped short of ratification, and tossed in the dust bin, or so everyone thought.
The purpose of the Article V process, with its high thresholds for both houses of Congress and state ratifications, is to secure broad and popular agreement with any amendment to our highest law. On that most basic metric, the ERA flunks the test. Overtoday were either not born or too young to be eligible to vote the last time the country had a debate over the merits of the amendment.
The language of the ERA is deceptively simple: “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.” But women and men already enjoy equality under the law, and the Constitution, federal law, and state law in all 50 states bar discrimination on the basis of sex.
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