Today’s hemorrhaging regress makes me wonder
By Carolyn Bennett
The Equal Rights Amendment: “Equality of rights under the
law shall not be denied or abridged by the United States or by any state on
account of sex…’
The need for a federal Equal
Rights Amendment remains as compelling as it was in 1978, when now
Supreme Court Justice Ruth Bader Ginsburg wrote in the Harvard Women’s Law
Journal: ‘With the Equal Rights Amendment, we may expect Congress and the state
legislatures to undertake in earnest, systematically and pervasively, the law
revision so long deferred. And in the event of legislative default, the courts
will have an unassailable basis for applying the bedrock principle: All men and
all women are created equal.’
The
ERA in Congress 112th Session (2011-2012): On June 22, 2011, ERA ratification
bills were introduced in the Senate (S.J.Res. 21) by lead sponsor Sen. Robert
Menendez (D-NJ) and in the House of Representatives (H.J.Res. 69) by lead
sponsor Rep. Carolyn Maloney (D-NY).
I think ─
We have been too long getting this done and failing. If we
had not gotten so terribly distracted on wedge issues (and we still are),
divided among ourselves as women, we might not have regressed as far as we have
done.
The evidence for this thinking is in current outrageous act-outs
and speak-outs by men (those publicized) in powerful office and elsewhere and
the equally outrageous debates (led by men) attacking women’s rights: their
lives, their bodies, their stature, their right to think independently and take
action in their own behalf, their very being.
We might have avoided this regress had we stayed focused,
progressed sufficiently among ourselves to have the presence of mind and sensibility
to throw open our movement to all women (bar none); and together achieve full
national ratification or requisite states’ ratification of the ERA.
Lost States author
Michael J. Trinklein takes another angle.
“Do you think women should have the same rights as men?” he
asks. “At least 15 U.S states’ legislatures are not so sure. The Equal Rights
Amendment is not the law of the land because more than a dozen state legislatures
have voted against it. And this isn’t some complex 5,000-page omnibus proposal.
The ERA is just 24 words:
‘Equality of rights under the law shall not be denied
or abridged by the United States or by any State on account of sex.’
He
continues with this flashback.
In
the 1970s when this was hotly debated, opponents said that passing the ERA
would mean unisex bathrooms and women fighting on the frontlines in war.
The
notion that men and women are not identical got mixed up with the question of
equal rights.
People
got scared and the whole thing crashed and burned just 3 states short of
approval.
Opposition
was fiercest in the south, but even Illinois couldn’t find the votes to ratify
the amendment.
“Creating a map of this debate is revealing,” Trinklein writes
in the article “Half-Pint vs. Scarlett.”
Many of the traditional red states in the mountain west split
from their counterparts in the south on this issue “because, historically, westerners
have held a slightly different perspective on the role of women.
Wyoming,
for example, was the first state to allow women to vote. This related, in part,
to an understanding that it took particularly robust women to survive in harsh
conditions of the pioneering west.
A
woman tough enough to chop off the head of a chicken and go months without
bathing and live in a sod house is not going to be told she cannot vote. Those Little-House-on-the-Prairie
women were a lot scrappier than Scarlett O’Hara.
4ERA seems to capture what I found missing
Advocating, informing, educating, reaching out, networking,
researching, writing, training ─ 4ERA is a multi-partisan core group of ERA
advocates founded and headed by Idella Moore and composed of a historian, a
geologist, a community leader, a physicist, a student, an artist, an
accountant, an educator, a federal employee and a philosopher who “believe that
a new campaign needs a new organization committed only to the Equal Rights
Amendment.”
4EAR’s strategy, according to its website, “is to increase
advocacy for the ERA by extending participation in the ERA campaign beyond the
realm of multi-issued women’s organizations and out to the general public that overwhelmingly
supports the ERA and whose active involvement is needed to succeed.”
Though unaffiliated with other organizations and taking no
stance on other issues, 4ERA assumes as part of its mission “to build unity and
increase support for the ERA and sometimes work in coalition with other ERA
endorsing organizations.” The group also “seeks to add to its core group of
advocates and advisors” and invites those interested to become more involved.
Commenting five years ago, 4ERA founder Idella Moore said, the
idea promoted by ERA opponents, that the ERA is a proxy case for same-sex
marriage, is a “30-year case of propaganda.” The Equal Rights Amendment “has
nothing to do with same-sex marriage,” she said.
Sources and notes
The Equal Rights Amendment, http://equalrightsamendment.org/default.htm http://www.equalrightsamendment.org/viability.htm
4ERA, http://www.4era.org/index.html
“ERA map: Half-Pint vs Scarlett” (Michael J. Trinklein), http://loststates.blogspot.com/2011/07/era-map-half-pint-vs-scarlett.html
Michael J. Trinklein is author of Lost States
4ERA: advocates, informs, educates, reaches out, networks,
researches, writes, and trains, http://www.4era.org/about.htm
WeNews commentator Idella Moore, January 17, 2007, http://womensenews.org/story/commentary/070117/era-has-nothing-do-same-sex-marriage
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