# The Equal Rights Amendment Every year since 1923. Will it pass this year? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [September 16, 2009, 2:44pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324 "2009-09-16T14:44:12Z")\ **Posts on this page:** 11\ **Page:** 2
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [September 18, 2009, 4:18pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/21 "2009-09-18T16:18:35Z")
What rights will people have if the ERA is passed that they won’t if it isn’t? Regards, Shodan ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [September 18, 2009, 4:29pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/22 "2009-09-18T16:29:37Z")
> [@Shodan](#): > > What rights will people have if the ERA is passed that they won’t if it isn’t? > > Regards, > Shodan I was thinking that, too. How is the ERA substantively different than the current equal protection clause and relevant case law? ---
**Author:** ![Zsofia](https://avatars.discourse-cdn.com/v4/letter/z/7bcc69/32.png) [@Zsofia](https://boards.straightdope.com/u/Zsofia)\ **Post date:** [September 18, 2009, 5:38pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/23 "2009-09-18T17:38:18Z")
Well, since neither the equal protection clause nor the relevant case law has women flying combat missions, serving on submarines, or doing all those things that get you advancement in the military… (Of course, an executive order would take care of that, but since we can’t even manage not to fire our translators for being gay, what do you think the chances are of that?) That’s just the issue that comes first to mind, not at all the only one. ---
**Author:** ![Shot\_From\_Guns](https://avatars.discourse-cdn.com/v4/letter/s/ccd318/32.png) [@Shot\_From\_Guns](https://boards.straightdope.com/u/Shot_From_Guns)\ **Post date:** [September 18, 2009, 5:48pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/24 "2009-09-18T17:48:27Z")
Is this a case of needing \*\*new \*\*legislation, though, or of just needing to actually enforce what we **already have**? ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [September 18, 2009, 6:40pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/25 "2009-09-18T18:40:43Z")
> [@Zsofia](#): > > Well, since neither the equal protection clause nor the relevant case law has women flying combat missions, serving on submarines, or doing all those things that get you advancement in the military… (Of course, an executive order would take care of that, but since we can’t even manage not to fire our translators for being gay, what do you think the chances are of that?) That’s just the issue that comes first to mind, not at all the only one. Wouldn’t the court interpret the ERA the same way it interprets the EPC? ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [September 18, 2009, 7:55pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/26 "2009-09-18T19:55:24Z")
> [@Bearflag70](#): > > How is the ERA substantively different than the current equal protection clause and relevant case law? Those things are subject to interpretations that are contrary to their spirit. The EPA, as part of the Constitution itself, would be a stronger guide, less easily flouted. And it would require unisex bathrooms. 😉 ---
**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\ **Post date:** [September 18, 2009, 8:05pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/27 "2009-09-18T20:05:58Z")
> [@Zsofia](#): > > Well, since neither the equal protection clause nor the relevant case law has women flying combat missions, serving on submarines, or doing all those things that get you advancement in the military… (Of course, an executive order would take care of that, but since we can’t even manage not to fire our translators for being gay, what do you think the chances are of that?) That’s just the issue that comes first to mind, not at all the only one. None of those things get you advancement in the military per se. Out the many thousands of fighter pilots, for instance, exceedingly few of them ever achieve flag rank. Women can advance in the military in any specialty. The obstacle is that they are promoted by their peers, and that will not be changed by the passage of the ERA. How do you prove that someone is “more qualified”, and that that someone is a woman, when there are many other suitable candidates with equal qualifications? That is a culture issue, not a legal one, and I’m having trouble seeing how the ERA can remedy that. As for the “gay translators” thing, DADT is a public law passed by Congress and therefore must be repealed by Congress. Obama cannot simply say by fiat that the law is vacated, much as he would dearly want to (or so I am lead to believe). ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [September 18, 2009, 8:06pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/28 "2009-09-18T20:06:47Z")
I tend to agree with the opponents. With the new interpretation of the 14th amendment being that everyone has to be treated equally all the time ever and forever, this amendment seems an unnecessary duplication. ---
**Author:** ![Zeriel](https://avatars.discourse-cdn.com/v4/letter/z/58956e/32.png) [@Zeriel](https://boards.straightdope.com/u/Zeriel)\ **Post date:** [September 18, 2009, 8:14pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/29 "2009-09-18T20:14:18Z")
I come at this from the Shagnasty side of the debate but it’s an important side. I want an equal rights amendment so that maybe some of the caring divorced dads I know have one more weapon in their arsenal when fighting to get custody away from their loser ex-spouses as much as for any benefit it might offer women. ---
**Author:** ![Shot\_From\_Guns](https://avatars.discourse-cdn.com/v4/letter/s/ccd318/32.png) [@Shot\_From\_Guns](https://boards.straightdope.com/u/Shot_From_Guns)\ **Post date:** [September 18, 2009, 8:15pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/30 "2009-09-18T20:15:05Z")
I’m still waiting for a proponent to explain to me why they think it’s essential to enact new legislation instead of enforcing what we’ve got. And I’m not being snarky; I’m genuinely open to being convinced here. The deafening silence isn’t terribly encouraging, though. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [September 18, 2009, 8:16pm UTC](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324/31 "2009-09-18T20:16:27Z")
> [@jtgain](#): > > the new interpretation of the 14th amendment being that everyone has to be treated equally all the time ever and forever Where the hell are you getting \*that \*from? [Previous page](https://boards.straightdope.com/t/the-equal-rights-amendment-every-year-since-1923-will-it-pass-this-year/510324.md?page=1)