For decades women have suffered in large numbers in the hands of a patriarchal based constitution and gnarled in the teeth by a Congress ruled by the tyranny of gender. In this spirit, we say it is better late than never. The fight for ratification and consequential legalization of the Equal Rights Amendment has awakened and almost at the brink of succeeding. Therefore, we persist in holding that; the Equal Rights Amendment bears innumerable significance in the lives of women to combat the stagnating discrimination endured in all corners of life.
First of all, it is essential to realize that the 14th amendment equal protection clause does not provide meaningful protection against gender-based crimes. Women are left vulnerable in cases of sexual assault; this is evident since only two laws are applied by the constitution to defend them, either TITLE VII, which deals with employment or TITLE IX under education (Russell-Kraft, 2018). Thus, it proves overtly that the constitution equal protection clause lacks substantial anchor to protect women in such a predicament. Also, the remuneration system remains biased, favoring men, demeaning women and the situation only deteriorates with women of color. It is a fact that women make only 80 cents of every dollar a man makes (North, 2019). A gap exists that the 14th amendment has failed to bridge.
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However, it is worth noting that if the ERA is passed some benefits may not be accorded to women anymore. For instance, the judicial preference of the mother having custody over the child during a divorce will be withdrawn (Deborah, 1989). It may turn out to be disadvantageous considering that many women tend to give up their jobs to take care of their children as they grow up (North, 2019). Moreover, in case of a war, women will not be exempted from being drafted into the military (Rosenberg, 2008).
For the same reasons stated above did the prominent Phyllis Schlafly use in forming a strong opposition against the amendment hence halting its ratification in the ’70s. At the time, the Vietnam War was on course and hence, she gained popularity by calling upon women to embrace their lowly status. The ERA is at a prime time in history, the battle that has been for 95 years is finally coming to an end, and its importance cannot be overlooked given the prevailing status quo of the society and should, therefore, be implemented.
References
Deborah, L. (1989). Rhode, Justice and Gender: Sex Discrimination and the Law.
North, A. (2019). You’ve heard that women make 80 cents to men’s dollar. It’s much worse than that. Retrieved from https://www.vox.com/policy-and-politics/2018/11/28/18116388/equal-pay-day-2019-gender-gap-equity
Rosenberg, R. (2008). Divided lives: American women in the twentieth century . Macmillan.
Russell-Kraft, S. (2018). Why the Equal Rights Amendment Still Matters. Retrieved from https://newrepublic.com/article/149074/equal-rights-amendment-still-matters
