Equal Rights For Women: Why We Need A Constitutional Amendment

“You have it better than most women in the world. Quit complaining.”

“You broads should be thankful you can vote.”

“Why are you complaining? You are already equal.”

Sound familiar? Here are some ways to combat the misinformation:

The Equal Rights Amendment text:

Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

This gender inclusive text protects both women and men from gender discrimination. It is not just a women’s issue, it is a civil rights issue.

Monetary Compensation:

The one most important protection we will see is protection from pay discrimination. The Bureau of Labor Statistics reports there IS a gap – and that gap widens when you are a minority woman. Many conservative women have argued there is no such thing as a wage gap, yet they often cite the Obama administration not paying females the same wages as men. It can’t be both ways. Either there is no wage gap or there is, and independent studies prove that women earn less than men.

If a woman finds her male counterpart is earning more money for the same work and she sues her employer, the ERA can be cited by a lawyer and will force the company to give a reason as to why she is making less. If they cannot prove any reason other than gender, the Constitution will protect her.

Women In The Military:

One argument against ratifying the ERA, used by anti-feminist Phyllis Schlafly in the 1970s, was that women could be drafted. Schlafly neglected to reveal that Congress has ALWAYS had the ability to require women to register for military service. They have chosen not to. The fact is women have proven they are perfectly able to serve and if it ever came down to a male only draft, courts would challenge that decision. We will never see a male only military again. The ERA actually helps women in the military in many ways and one of the most important ways it will help is a guarantee of equal pay.

The recent decision to let women fight on the front lines means that women can be drafted now, so don’t you think they should treated the same as their male counterparts for their willingness to defend the United States?

Medical Insurance:

Gender rating exists when insurance companies determine what to charge a customer and women have historically been charged more than men. The amendment would be a source to protect women from having to pay higher premiums based on gender. It should be noted this has been addressed in the Affordable Care Act. It is now illegal to charge higher premiums based on gender. However, laws are subject to change, so to insure equal treatment a constitutional amendment is necessary to protect women’s rights for all time.

Arguments Against the ERA:

The arguments used to prevent the ERA from being ratified were nothing more than empty scare tactics. Schlafly argued that there would be unisex bathrooms and that feminists demanded “gender neutrality.” This is so stupid, it doesn’t merit a retort but I will say this: As long as men have penises and women have vaginas, we are not in danger of having a gender-neutral country.

Another tactic to make people believe we don’t need equal rights for women is the argument that14^th Amendment is sufficient. The amendment claims to protect all persons but if that were so, why was black suffrage the 15^th Amendment and women’s suffrage the 19^th? Because clearly, the 14^th is not enough protection. The key here is how it can be used when protecting the rights of women, and particularly in lawsuits. When a constitutional amendment is cited in a court of law, it carries legal merit.

The 14^th Amendment was about granting full rights of citizenship to freed black males. The 14th Amendment purposefully excluded women. Section two of the text uses the term “male” and “male citizens” three separate times in an explicit attempt to exclude women from the rights it intended to grant:

“Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.”

Keep in mind that the 19^th Amendment provided women only the right to vote. Other than the right to vote, the exclusion of rights for women in the 14th Amendment has never been corrected – that correction would be a ratified Equal Rights Amendment.

Schlafly also promoted the fallacy that if the ERA is ratified, wives and widows would no longer be able to collect spousal benefits. Not true. Spouses will continue to receive survivor benefits when the other passes on. The beneficiary doesn’t change. Conceivably, the term “husband” or wife” will be changed to “spouse.” Currently, both men and women can be beneficiaries of survivor benefits. The ERA has nothing to do with it.

The National Organization for Women has a more detailed list of why the ERA needs to pass. You can see the list HERE.

We are Woman is hosting a Constitution Day Rally on the west lawn of the Capitol building on September 13, 2014. The focus is the ERA and voting rights. I will be a speaker and I hope to see you there. You can find more information and how you can help HERE.

Not enough people understand that the ERA was never ratified into the Constitution and why it’s so important. We can change this by talking about it and educating young people. This is not a partisan issue. Women and men who belong to any political party will benefit. The proof is women’s suffrage. Women made sure in the 1920s that the right to vote was secured in the Constitution and now, all women can vote.

The ERA was penned in 1923. It is long overdue. It is time to demand constitutional equality NOW! And remeber to vote! We need a Congress that will pass the ERA!

Kimberley A. Johnson (BIO) is the author of AMERICAN WOMAN The Poll Dance: Women and Voting & The Virgin Diaries and an activist for women’s rights. Like her on Facebook, Twitter or follow her on FB HERE.

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