The Debates About ERAThe Equal Rights Amendment was presented to the American public as something that would benefit women, "put women in the U.S. Constitution," and lift women out of their so-called "second-class citizenship." However, in thousands of debates, the ERA advocates were unable to show any way that ERA would benefit women or end any discrimination against them. The fact is that women already enjoy every constitutional right that men enjoy and have enjoyed equal employment opportunity since 1964.
In the short term, clever advertising and packaging can sell a worthless product; but, in the long term, the American people cannot be fooled. ERA's biggest defect was that it had nothing to offer American women.
The opponents of ERA, on the other hand, were able to show many harms that ERA would cause.
1.ERA would take away legal rights that women possessed - not confer any new rights on women.
A.ERA would take away women's traditional exemption from military conscription and also from military combat duty. The classic "sex discriminatory" laws are those which say that "male citizens of age 18" must register for the draft and those which exempt women from military combat assignment. The ERAers tried to get around this argument by asking the Supreme Court to hold that the 14th Amendment already requires women to be drafted, but they lost in 1981 in Rostker v. Goldberg when the Supreme Court upheld the traditional exemption of women from the draft under our present Constitution.
B.ERA would take away the traditional benefits in the law for wives, widows and mothers. ERA would make unconstitutional the laws, which then existed in every state, that impose on a husband the obligation to support his wife.
2.ERA would take away important rights and powers of the states and confer these on other branches of government which are farther removed from the people.
A.ERA would give enormous power to the Federal courts to decide the definitions of the words in ERA, "sex" and "equality of rights." It is irresponsible to leave it to the courts to decide such sensitive, emotional and important issues as whether or not the language applies to abortion or homosexual rights.
3.Section II of ERA would give enormous new powers to the Federal Government that now belong to the states. ERA would give Congress the power to legislate on all those areas of law which include traditional differences of treatment on account of sex: marriage, property laws, divorce and alimony, child custody, adoptions, abortion, homosexual laws, sex crimes, private and public schools, prison regulations, and insurance. ERA would thus result in the massive redistribution of powers in our Federal system.
4.ERA's impact on education would take away rights from women students, upset many customs and practices, and bring government intrusion into private schools.
A.ERA would force all schools and colleges, and all the programs and athletics they conduct, to be fully coeducational and sex-integrated. ERA would make unconstitutional all the current exceptions in Title IX which allow for single- sex schools and colleges and for separate treatment of the sexes for certain activities. ERA would mean the end of single-sex colleges. ERA would force the sex integration of fraternities, sororities, Boy Scouts, Girl Scouts, YMCA, YWCA, Boys State and Girls State conducted by the American Legion, and mother-daughter and father-son school events.
B.ERA would risk the income tax exemption of all private schools and colleges that make any difference of treatment between males and females, even though no public monies are involved. ERA is a statement of public policy that would apply the same rules to sex that we now observe on race, and it is clear that no school that makes any racial distinctions may enjoy tax exemption.
5.ERA would put abortion rights into the U.S. Constitution, and make abortion funding a new constitutional right. Roe v. Wade in 1973 legalized abortion, but the fight to make abortion funding a constitutional right was lost in Harris v. McRae in 1980. The abortionists then looked to ERA to force taxpayer funding. The American Civil Liberties Union filed briefs in abortion cases in Hawaii, Massachusetts, Pennsylvania and Connecticut arguing that, since abortion is a medical procedure performed only on women, it is "sex discrimination" within the meaning of the state's ERA to deny tax funding for abortions. In the most recent decision, the Connecticut Superior Court ruled on April 19, 1986 that the state ERA requires abortion funding. Those who oppose tax funding of abortions demand that ERA be amended to prevent this effect, but ERA advocates want ERA only so long as it includes abortion funding.
6.ERA would put "gay rights" into the U.S. Constitution, because the word in the Amendment is "sex" not women. Eminent authorities have stated that ERA would legalize the granting of marriage licenses to homosexuals and generally implement the "gay rights" and lesbian agenda. These authorities include the Yale Law Journal, the leading textbook on sex discrimination used in U.S. law schools, Harvard Law Professor Paul Freund, and Senator Sam J. Ervin, Jr. Other lawyers have disputed this effect, but no one can guarantee that the courts would not define the word "sex" to include "orientation" just as they have defined "sex" 'to include pregnancy.
7.In the final years of the ERA battle, two new arguments appeared. Both were advanced by the ERA advocates, but they quickly became arguments in the hands of the ERA opponents.
A.ERA would require "unisex insurance," that is, would prohibit insurance companies from charging lower rates for women, even though actuarial data clearly show that women, as a group, are entitled to lower rates both for automobile accident insurance and life insurance. This is because women drivers have fewer accidents and women live longer than men. Most people found it a peculiar argument that "women's rights" should include the "right" to pay higher insurance rates.
B.ERA would eliminate veterans' preference. This rests on the same type of legal argument as the abortion funding argument: since most veterans are men, it is claimed that it is "sex discriminatory" to give them benefits. Naturally, this argument was not acceptable to the veterans, and their national organizations lobbied hard against ERA.