# It's time (past time really) for the ERA

**URL:** <https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982>\
**Category:** Great Debates\
**Created:** [July 12, 2019, 7:23pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982 "2019-07-12T19:23:54Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [July 12, 2019, 7:23pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/1 "2019-07-12T19:23:54Z")

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I was watching _John Oliver , Last Week Tonight_, and he made some excellent points on a issue I thought was dead- the Equal Rights Amendment.

ttps://en.wikipedia.org/wiki/Equal\_Rights\_Amendment

Yes, it’s true that many legal pundits think that the ERA isn’t necessary, that other Amendments cover that it will do, namely "\*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."  
\*

So, altho I was in favor of it, I was thinking it was by no means critical. But now I disagree. What with the dirty tricks trump, McConnell and the GOP have pulled, and the various states with their ridiculous restrictions on abortions, I think that the ERA is needed now, more than ever.

Arizona hasnt ratified it yet, so that shouldnt be hard.

Here’s a map, so you can see if your state has ratified it- basically Az, Utah, and the deep South have not. Which tells you a lot about the Deep South.

> **[Equal Rights Amendment](https://www.equalrightsamendment.org/)**
>
> The Equal Rights Amendment is a constitutional amendment that will guarantee legal gender equality for women and men. This website is dedicated to educating and inspiring citizens to ratify the ERA, which was written by equal rights activist Alice...

Now, yes, the date has passed, but that may or may not be a problem.

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**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\
**Post date:** [July 12, 2019, 7:30pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/2 "2019-07-12T19:30:29Z")

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How would the ERA have any effect on the abortion issue?

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [July 12, 2019, 7:32pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/3 "2019-07-12T19:32:05Z")

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Since I don’t see a question here, let’s move this to Great Debates.

Colibri  
General Questions Moderator

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [July 12, 2019, 7:37pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/4 "2019-07-12T19:37:37Z")

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> [@Colibri](#):
>
> Since I don’t see a question here, let’s move this to Great Debates.
> 
> Colibri  
> General Questions Moderator

Yep, you are right.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [July 12, 2019, 7:38pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/5 "2019-07-12T19:38:54Z")

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> [@Slash1972](#):
>
> How would the ERA have any effect on the abortion issue?

That was just a example of the dirty tricks the GOP has been pulling on women, and other non-white males in the USA.

It may or may not have a effect but that’s not the debate.

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**Author:** ![QuickSilver](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quicksilver/32/7832_2.png) [@QuickSilver](https://boards.straightdope.com/u/QuickSilver)\
**Post date:** [July 12, 2019, 7:54pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/6 "2019-07-12T19:54:25Z")

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> [@DrDeth](#):
>
> Here’s a map, so you can see if your state has ratified it- basically Az, Utah, and the deep South have not. Which tells you a lot about the Deep South.
> 
> [https://www.equalrightsamendment.org/](https://www.equalrightsamendment.org/)
> 
> Now, yes, the date has passed, but that may or may not be a problem.

While I completely agree that ratification of ERA is well overdue, I submit that it doesn’t tell us anything about the south that we didn’t already know.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [July 12, 2019, 7:56pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/7 "2019-07-12T19:56:10Z")

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> [@QuickSilver](#):
>
> While I completely agree that ratification of ERA is well overdue, I submit that it doesn’t tell us anything about the south that we didn’t already know.

Good point, but another nail in the coffin, maybe.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [July 12, 2019, 8:15pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/8 "2019-07-12T20:15:51Z")

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[This story](https://people.com/politics/robert-foster-says-he-wont-be-alone-with-woman-reporter/) of the sexist politician (who is surely using his chauvinism to bolster his primary chances) makes me agree strongly with the OP.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [July 12, 2019, 8:54pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/9 "2019-07-12T20:54:03Z")

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> [@Ravenman](#):
>
> [This story](https://people.com/politics/robert-foster-says-he-wont-be-alone-with-woman-reporter/) of the sexist politician (who is surely using his chauvinism to bolster his primary chances) makes me agree strongly with the OP.

Nasty!

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [July 12, 2019, 9:02pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/10 "2019-07-12T21:02:50Z")

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So, we have to pass it because of some issue that it’ll do nothing about?

Personally, I’m opposed to it. For the vast majority of issues, equality of the sexes is good, just, and appropriate. But there are a few real, inherent differences between the sexes that would lead to absurd results.

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**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [July 12, 2019, 9:31pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/11 "2019-07-12T21:31:03Z")

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At this point, something like the ERA may actually work more to men’s benefit than women. Or rather, work more towards women’s detriment than benefit.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [July 12, 2019, 10:22pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/12 "2019-07-12T22:22:02Z")

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I think we should pass it and dedicate its passage, in memoriam, to Phyllis Schafly.

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**Author:** ![CAH66](https://avatars.discourse-cdn.com/v4/letter/c/7bcc69/32.png) [@CAH66](https://boards.straightdope.com/u/CAH66)\
**Post date:** [July 13, 2019, 7:50am UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/13 "2019-07-13T07:50:53Z")

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I’m honestly surprised that reliably blue Illinois hasn’t ratified it. Although the Governership has bounced back and forth a bunch…

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**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\
**Post date:** [July 13, 2019, 2:36pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/14 "2019-07-13T14:36:12Z")

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Coupla questions:

1. What specific effects would the ERA bring about?  
Possible ones that come to mind are challenges to laws that specifically mention women, such as the Violence Against Women Act, Supplemental Nutrition Program for Women, Infants, and Children, etc. (ERA benefit not obvious here.)

2. “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”  
Why is this needed? In its absence, what would prevent Congress from enforcing ERA provisions with legislation?

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [July 13, 2019, 3:35pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/15 "2019-07-13T15:35:30Z")

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> [@Xema](#):
>
> “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”  
> Why is this needed? In its absence, what would prevent Congress from enforcing ERA provisions with legislation?

That’s standard in amendments like this. It says Congress can now invoke legal supremacy over the states in this area.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [July 13, 2019, 7:19pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/16 "2019-07-13T19:19:08Z")

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> [@Velocity](#):
>
> At this point, something like the ERA may actually work more to men’s benefit than women. Or rather, work more towards women’s detriment than benefit.

I cant see that, and none of the legal pundits I read came up with this. Cite?

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [July 13, 2019, 8:29pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/17 "2019-07-13T20:29:10Z")

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> [@Chronos](#):
>
> So, we have to pass it because of some issue that it’ll do nothing about?
> 
> Personally, I’m opposed to it. For the vast majority of issues, equality of the sexes is good, just, and appropriate. But there are a few real, inherent differences between the sexes that would lead to absurd results.

It’s not the “Men and women are identical in all aspects” Amendment, it is equal rights.

What rights are absurd to give to men and not to women, or vice versa?

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [July 13, 2019, 8:33pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/18 "2019-07-13T20:33:29Z")

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> [@DrDeth](#):
>
> I cant see that, and none of the legal pundits I read came up with this. Cite?

If you believe the MRA’s out there, the family courts are all set up in favor of women, and get a great deal of pleasure out of screwing over the men that get into their clutches. An ERA would strip family courts of their ability to discriminate against men in terms of child support and custody.

Personally, I don’t see much validity to the MRA’s argument, but a follower of them may make the argument that an ERA would hurt women in these occasional scenarios in order to divert the conversation from all the ways that not having an ERA already hurts women.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [July 13, 2019, 8:38pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/19 "2019-07-13T20:38:04Z")

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What do ERA proponents hope to gain by its passage that has not already been achieved by the Supreme Court’s intermediate scrutiny jurisprudence towards gender since the 1970s?

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [July 13, 2019, 8:53pm UTC](https://boards.straightdope.com/t/its-time-past-time-really-for-the-era/836982/20 "2019-07-13T20:53:33Z")

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> [@UltraVires](#):
>
> What do ERA proponents hope to gain by its passage that has not already been achieved by the Supreme Court’s intermediate scrutiny jurisprudence towards gender since the 1970s?

You know, the pundits said that Roe vs Wade would protect womens right to a abortion.

Clearly with these new laws in Alabama and kentucky, it doesn’t.

So, even tho there is much case law to protect womens rights, it’s not solid.

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