The Relevance of Passing the ERA in the 21st Century: Addressing Gender Inequality

The question often arises about the necessity of passing the Equal Rights Amendment (ERA) in the 21st century. Traditionally, the argument for such measures has always been to ensure women receive the rights they deserve, but the urgency of this matter has intensified in contemporary times.

Gender Inequality and the Congressional Gender Bias

It is undeniable that a significant barrier to achieving full gender equality is rooted in the majority of legislators being men. This gender bias, whether intentional or not, has historically allowed certain rights and protections to lag or become diluted.

Widespread Gender Inequality in the Workplace

Despite strides in modern society, women still face disparities in various facets of life, particularly in the workplace. One of the most prominent issues is the gender pay gap. Women continue to be underpaid in comparison to men, regardless of their qualifications or experience.

Additionally, job security for women is often less assured. They are frequently subjected to different policies and practices, which can affect their ability to balance work and personal life effectively. Loan access and contract negotiations also suffer from systemic inequalities, further marginalizing women financially and professionally.

The Text of the ERA Proposal

The text of the Equal Rights Amendment is concise yet profound:

Section 1: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Section 2: The Congress shall have the power to enforce by appropriate legislation the provisions of this article.

Section 3: This amendment shall take effect two years after the date of ratification.

Intermediate Scrutiny and the ERA

The legal framework surrounding gender discrimination is currently structured around intermediate scrutiny. This standard applies to government actions that affect sex, requiring a significant and substantial relationship to an important government objective. However, the ERA would provide a more direct and expedient pathway to address such issues.

The ERA predates the legal concept of strict scrutiny, which is applied to cases of intermediate scrutiny and provides an even higher level of judicial review. This means that if the ERA were ratified, it would likely have a more immediate and significant impact on gender equality policies.

Women as Citizens and Full Legal Equality

While it is often argued that women’s rights issues are already addressed through various legislation, the ERA takes a more fundamental approach. It asserts the principle that women are full citizens entitled to equal rights under the law. This is a critical step towards ensuring that discriminatory practices are challenged more effectively and that all citizens, regardless of gender, are treated with equal consideration and respect.

The passage of the ERA would not only affirm the legal status of women but also empower them to advocate more forcefully for their rights. It would institutionalize the principle of gender equality, providing a solid legal foundation for ongoing progress towards true gender parity.