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Steve Chapman wonders why the Equal Rights Amendment is making a comeback.

edna|4.9.07 @ 7:20AM|

steve must be a youngster- for those of us who were adults at the time, the idea that equal rights for women was controversial in the seventies is odd. the reach of this amendment was far more of a concern at the time- lawyers are quite expert at taking a seemingly innocuous idea and turning it into a machine for generating even more litigation and decreasing civil freedom in the name of "equality."

Goldwater Cosnervative|4.9.07 @ 7:33AM|

Isn't this the one that would have led to the abolishment of gender-segregated bathrooms?

edna|4.9.07 @ 8:24AM|

once the courts get hold of it, who knows? separate-but-equal may not cut it.

stuff like this is a litigation machine and not much more. sort of like ada, but enshrined in the constitution.

Dave W.|4.9.07 @ 8:55AM|

Equality of women is one of those things that distinguishes us from the Islamic world. That means that the kind of people who used to oppose the amendment now have to support it. You know which kind of people I mean. Conservatives.

Semi-related: Johnny Hart died this weekend.

Response to edna: Isn't civil rights litigation on the decline (except maybe for police brutality suits)?

|4.9.07 @ 9:31AM|

"In fact, no one knows for sure what the effect of the Women's Equality Amendment would be."

That's the thing about freedom - it involves a leap of faith. You can't know what committing to freedom will ultimately mean. The drafters of the 14th Amendment certainly didn't think it would mean integrated public schools.

It's nice that "judicial interpretation" had incorporated gender into the 14th Amendment, but I'd be more comfortable seeing it in black letters. There is a power "original intent" faction that's quite comfortable with the idea of using that slogan to roll back progress, and I'd rather not sit back and hope that never become a majority in the judiciary.

|4.9.07 @ 9:33AM|

edna,

Numerous states have adopted explicit bans on gender discrimination in their constitutions.

None - meaning "zero" - have seen courts impose unisex bathrooms.

|4.9.07 @ 9:48AM|

What are the problems the new ERA is designed to address? Unless there are specific issues the ERA will solve, why throw such an unknown into the Constitution?

|4.9.07 @ 9:48AM|

Actually, Dave W, the point of the article is that the proposed amendment is superfluous, if not dangerous.

Codifying the legal equality of women in when that equality already exists de facto does nothing. It would be like an amendment that requires everyone to stop at red lights.

And imposing some vague standard of equality also leaves a wide territory for interpretation. Some court down the line might decide that it means that the results of 50% of elections must be won by women, or 50% of businesses must be headed by women.

|4.9.07 @ 9:52AM|

Shall we throw out the 1st Amendment because of what "some court down the line might" do with the concept of free speech?

|4.9.07 @ 9:54AM|

not to back joe up but the states also have other identical clauses (e.g. due process clauses) in their constitutions that they have interpreted much more broadly than the federal clauses.

|4.9.07 @ 10:01AM|

joe,

I just wonder why we need to alter the federal constitution to guarantee a right that is not being threatened and is already guaranteed under most state constitutions.

Dave W.|4.9.07 @ 10:06AM|

Actually, Dave W, the point of the article is that the proposed amendment is superfluous, if not dangerous.

Yeah, there certainly are people who are desperate to at the same time believe that we are better than the Islamic world on the basis of women's rights, but still not change their historic hostility to the ERA. So writers, seeking to be popular, are trying to come up with a credible way of supporting this position.

Personally, I think we need the ERA in case there is a draft (or potential draft) at some point. If women are to be conscripted on an equal basis with men, then it will make the US less warlike at the margin.

|4.9.07 @ 10:10AM|

Hugh,

That's a fair question.

My answer is, "to avoid backsliding."

I know, it's not exactly up there with "ongoing genocide" on the priority scale, but it's a legitimate concern.

Passim|4.9.07 @ 10:21AM|

joe

I agree in principle that backsliding might be a legit concern, but after a while it just loses its urgency.

In the most arcane legal theory, Elizabeth II has ALL the governmental power in England. Indeed, the UK doesn't even have a black-letter (i.e., written) constitution; but I don't think any Englishmen seriously worry about her dismissing Parliament forever and making herself a dictator.

After a while (and I would grant you that gender equality has not been around that long), you just have to accept that custom has taken over and written words confirming it are no longer necessary.

Jennifer|4.9.07 @ 10:22AM|

Not that I consider this a major issue, but the idea that men and women are already equal under the law is negated by this simple fact: in most of the country, a man who takes his shirt off in public is merely considerd vulgar, whereas a woman who does the same thing is branded a sex offender.

|4.9.07 @ 10:24AM|

The ERA is just the Democrat's version of the Marriage Amendment. To piss off Republicans, get out the women's vote for Hillary in 2008, etc.

The ERA will also likely elevate gender discrimination from intermediate scrutiny to strict/heightened scrutiny that only race enjoys in the judicial system at the moment - that's not necessarily a bad thing.

With the current stacking of the SCOTUS, having the ERA in the constitution is probably a good thing considering how the 'original intent' crowd and 'strict constructionists' aren't always so.

I also haven't seen any sex-integrated bathrooms in states with ERAs in their constitution so this is merely a canard. If it leads to the conscription of women and marriage for gays, those are excellent unintended consequences and all the more reason to get behind this amendment.

|4.9.07 @ 10:28AM|

Jennifer | April 9, 2007, 10:22am | #

Penn 'n Teller just did an episode about this on Bullshit. Boobies galore, but it was one of their tamer episodes. Volokh from the Conspiracy made an appearance in it too, to make a very unpersuasive argument on toplessness.

robc|4.9.07 @ 10:34AM|

joe,

wrt the 1st amendment, Hamilton/Madison and others argued that a bill of rights wasnt necessary to begin with. Since the constitution didnt grant the federal government the power to infringe on free speech, they couldnt do it. No amendment necessary.

|4.9.07 @ 10:37AM|

Passim,

I hear you, but there really isn't a significant monarchist block in blighty.

On the other hand, here in the states, gender-role-traditionalists and "original intenters" are something close to half the population.

Look, I can understand not making the ERA a priority - I certainly wouldn't want to see the mimimum wage bill, for example, put on the back burnder so they could debate it. But outright opposition is a different beast. People who are actively opposed to a constitutional ban on gender discrimination should be taken at their word.

|4.9.07 @ 10:37AM|

robc,

And you can see how well the "since the Constitution doesn't authorize it, it won't happen" line of thinking has panned out.

|4.9.07 @ 10:43AM|


Not that I consider this a major issue, but the idea that men and women are already equal under the law is negated by this simple fact: in most of the country, a man who takes his shirt off in public is merely considered vulgar, whereas a woman who does the same thing is branded a sex offender.


Really? Then you'll be able to point me to a woman who was convicted of a sexual offense for being topless. I doubt you can, because unlike naked men naked women aren't considered offensive.

Let's make a bargain: subject yourself to the draft and military service, and I'll let you take your shirt off.

edna|4.9.07 @ 10:55AM|

i think there's less danger of unisex bathroom than stupidities like now-federalized suits against small businesses because they have three stalls and a urinal in the men's room, but only three stalls period (no pun intended) in the women's. get the ninth circuit involved and whoo-ee, mandated separate bathrooms for transgendered.

Dave W.|4.9.07 @ 10:56AM|

Would the ERA make it illegal to abort a zygote or fetus based on its gender?

edna|4.9.07 @ 10:56AM|

...or suits against insurance companies for recognizing actuarial differences between men and women. and so on and so on.

Passim|4.9.07 @ 11:01AM|

joe, I knew you'd call me on that as written.

My point, I guess, is that it involves the passage of time. The further away we get from hoop skirts and women not voting, the less necessary laws become. Or, to use my example, When James I was king, absolutism seemed very threatening...nowadays, who's afraid of the Queen?

I predict our grandchildren--maybe even our children--will laugh at all the fuss.

Jennifer--
as for shirtlessness, one argument (with which I do not agree, btw) I've often heard is that a man's chest is less of an erogenous zone than a woman's. (Yes, I know! But the overal point is that, however equal we should be, we are still physically very different.)

Personally, I think only really attractive people (male or female) should be allowed to take ff their shirts in public. I guess I'm a lookist.

Dave W.|4.9.07 @ 11:04AM|

...or suits against insurance companies for recognizing actuarial differences between men and women. and so on and so on.

Maybe it would be more productive for you to channel your political energies into trying to influence the language used in the amendment, rather than using these issues to oppose the thing outright.

I would be interested to see how it applied (if at all) against landlords and single sex educational institutions. That would depend on the wording of the thing.

At this point in history, I think the amendment would help men more than women, on balance.

Jennifer|4.9.07 @ 11:05AM|

as for shirtlessness, one argument (with which I do not agree, btw) I've often heard is that a man's chest is less of an erogenous zone than a woman's. (Yes, I know! But the overal point is that, however equal we should be, we are still physically very different.)

Indeed, but how much of that is biological versus how much of it is just invented? A hundred years ago people insisted women couldn't expose their knees in public lest the republic crumble, yet shorts are now acceptable summer wear and I don't think any of society's modern ills can be blamed on that.

I'm just pointing out there is at LEAST one form of behavior that is perfectly legal for a man but illegal for a woman. Not that I want to go topless in public; I sunburn easily and find wearing a shirt to be much easier than re-applying sunblock every 30 seconds. But it's a matter of principle.

|4.9.07 @ 11:14AM|

Exactly what problem are we trying to solve with the ERA? How and where are women not equal before the law, again?

in most of the country, a man who takes his shirt off in public is merely considerd vulgar, whereas a woman who does the same thing is branded a sex offender.

Well, I mean other than laws against public nudity that contain traditional definitions of same.

And I had no idea topless women went onto the sex offender registries. If so, that should stop.


My answer is, "to avoid backsliding."

No offense, joe, but that's a pretty weak reason to amend the Constitution. And a pretty weak protection against backsliding. Take a look at the tattered remains of the Bill of Rights if you doubt me.

People who are actively opposed to a constitutional ban on gender discrimination should be taken at their word.

I just think anyone who wants to amend the Constitution should be able to make a case that the amendment addresses a pressing need in society. And (sorry, Jennifer), a dearth of topless women roaming the streets, deplorable as it may be, doesn't quite make the cut.

|4.9.07 @ 11:17AM|

Passim, RC Dean, I see your points. I guess I'm just less confident in the security of gender equality in our society than you are.

It really hasn't been that long.

Stolzes Säugetier|4.9.07 @ 11:17AM|

P:
(acknowledge that you also disagree)
While that may be true (perception of female chest), it is the male's fault if he cannot contain his desires - it is not her fault!

Yet laws are often clad in the "for her protection" lie. Or! Worse! It "icks" people out, so, dammit! It has to be illegal!

As you know, we hear arguments against "oben ohne" (ed: "topless") that revolve around these premises.

However, she never, ever "asks for it". That is (again, recognizing your that this isn't anywhere close to a position you're stating) a wicked, evil misogynistic argument. Initiation of sexual aggression is the individual male's responsibility. Her outfit/lack of outfit has nothing to do with it.

Again, this is nothing new - just getting the ducks in a row.

Even acknowledging that we're physically different: however erotic a woman's exposed breasts are for example, we're still talking about a culture-bound reaction. Breasts may be a cultural symbol, but our culture's general prudish reaction is by no means an absolute measure of how humans react!

(probably will have to revisit for editing purposes)

Probably this comes back to the fact that there are social mores out there that still assign different expectations of behavior - while this might not be front burner material, being aware of these differences (that somehow only disadvantage those who haven't traditionally been the "top dogs") is still important!

Jennifer|4.9.07 @ 11:19AM|

I just think anyone who wants to amend the Constitution should be able to make a case that the amendment addresses a pressing need in society.

Fair enough: I'd think that the regulars at this of all blogs would know better than to think I should be happy with government telling me "Don't worry your sweet pretty little head about us taking your rights away. You don't need anything in writin', darlin'. We're the government. You can trust us."

|4.9.07 @ 11:30AM|

I agree with Jennifer. With dinks like Coulter running around only half jokingly calling for the repeal of women's ability to vote, I'd like a bit more legal buttressing between what we have today and the mischief the American Talibangelists would want to implement.

Plus I'd love to see any possible draft extended to both sexes. First of all, because women NOT participating is then used as an excuse as to why they're not equal (nice circular logic there, hmmm) and second, if there's a chance that little Janie will get shot up as well as little Jonny, I hope there will be more resistance to getting the US involved in Stupid Military Adventures.

Passim|4.9.07 @ 11:42AM|

I propose a compromise:

Re-initiate the ERA, but state in the wording that no one may vote on it unless/until 20 years have passed. If it has been forgotten by then, it was never necessary. If it has been remembered by a sizeable number of people, then we'll have to do a collective mea culpa for the delay.

I think, despite the cultural quirks such as male-v-female toplessness*, seperate loos, etc., everything will work out/ already has worked out.

*side note: there used to be an anti-male discriminatory policy in my home state regarding clothing removal. Female exotic dancers were allowed to be completely nude, whereas males had to were G-strings or jocks. Both, of course, were allowed to be topless. The reason given was similar: our bodies are different. Legally, generative organs which were more than 50% internal could be exposed, but those which were more than 50% external could not be. The law was quietly repealed in the early 90's when a rather enterprising club for gay men insisted that police "measure" the percentages for each dancer....

Passim|4.9.07 @ 11:45AM|

Oh, and speaking of equality...

I want a law against all those mothers (single and double) who look at me funny when I'm the only dad (without a wife) who shows up at parent-teacher night.

|4.9.07 @ 11:47AM|

Legislating positives like this should only be done in emergencies. It is hard to see how this sort of thing can be enforced without taking a dump on a whole slew of individual choices. As with the Civil Rights Act, if there is a static state that can't be broken up by voluntary action, I'll reluctantly sign on.

If you do this when you don't need to, you are asking for trouble.

|4.9.07 @ 11:47AM|

Fair enough: I'd think that the regulars at this of all blogs would know better than to think I should be happy with government telling me "Don't worry your sweet pretty little head about us taking your rights away. You don't need anything in writin', darlin'. We're the government. You can trust us."


So, er, which of us men here has a greater protection for his rights than that?

Noam Chomsky Blow Up Doll|4.9.07 @ 11:52AM|

"I want a law against all those mothers (single and double)"

oh - your kids go to Heather's school?

Jennifer|4.9.07 @ 11:54AM|

So, er, which of us men here has a greater protection for his rights than that?

Which rights do men have that aren't written in the Constitution? Granted, the government can and often does choose to ignore what's written there, but getting the government to abandon said ignorance becomes much easier when you can wave a document and say "You know damned well what you're doing violates this."

Seriously: when did y'all become so confident in government's good intentions that you think half the population should just shrug and say "Yeah, I trust you and I'm sure you'll never try giving me the shaft?"

|4.9.07 @ 11:58AM|

"Seriously: when did y'all become so confident in government's good intentions that you think half the population should just shrug and say "Yeah, I trust you and I'm sure you'll never try giving me the shaft?"

I question the idea that asking the government to enforce egalitarian outcomes really helps in the way you are suggesting.

LarryA|4.9.07 @ 11:59AM|

Not that I consider this a major issue, but the idea that men and women are already equal under the law is negated by this simple fact: in most of the country, a man who takes his shirt off in public is merely considerd vulgar, whereas a woman who does the same thing is branded a sex offender.

Sort of like women can wear pants, but woe unto the man who wears a skirt. (Unless it's plaid, pleated, and has a little purse hanging in front.)

|4.9.07 @ 12:03PM|

Which rights do men have that aren't written in the Constitution?


Jennifer, we don't even have all of those (and none of them intact), and you know that. What little we have is the same thing you have - what Teams Red and Blue haven't taken away, yet. For what it matters, we do have fairly strong protections against laws that treat sexes and races differently - protections that are for the most part stronger than the protections against simply weaking the rights for all concerned.

Seriously: when did y'all become so confident in government's good intentions that you think half the population should just shrug and say "Yeah, I trust you and I'm sure you'll never try giving me the shaft?"


I haven't. I'm just amused at the claim that men in general are any less threatened. I don't have any protection that you don't - a vote, a set of vocal cords, and ten fingers. If people in government want to screw me over, they're not going to have any harder time than if they chose you as their target.

(Probably an easier time in this case, since I don't write for a newspaper.)

|4.9.07 @ 12:11PM|

And Grumpy, if we're really worried about half the voters being somehow disenfranchised in violation of the 19th Amendment, how exactly would an ERA help?

Jennifer|4.9.07 @ 12:14PM|

I question the idea that asking the government to enforce egalitarian outcomes really helps in the way you are suggesting.

No, it's a matter of requiring the government itself to refrain from discriminating on the basis of sex. There's a difference between the Civil Rights Act (which requires private individuals to refrain from discrimination and can be argued against on libertarian grounds) versus those constitutional amendments forbidding the government itself to restrict rights of citizenship based on skin color.

Dave W.|4.9.07 @ 12:15PM|

Exactly what problem are we trying to solve with the ERA? How and where are women not equal before the law, again?

Draft.

Prison conditions.

Marital property laws.

C'mon, RCD. You know this stuff.

|4.9.07 @ 12:20PM|

"Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex."

Are the authors of this amendment aware of the difference between sex and gender? The conspiracy loving libertoon in me suspects that the wording is intentional. < ref Radley Balko H&R post "Under The Bridge Downtown">The amendment could be supported by Big Sexual Predators in a bid to get their Floridian members out from under that bridge in Miami.< /ref "Under The Bridge Downtown">

My less suspicious nature is willing to accept it as the result of our public funded education system.

Passim|4.9.07 @ 12:21PM|

Dave W.

Nice twist. Well done!

VM|4.9.07 @ 12:21PM|

"If people in government want to screw me over, they're not going to have any harder time than if they chose you as their target."

Well taken point, however, once you get into reproductive rights, there are compelling arguments that her rights exactly are threatened!

I understand that there are those who don't feel that way, but that is a legit concern.

Or: even though the 2nd amendment exists, it's constantly threatened.

Passim|4.9.07 @ 12:26PM|

NoStar,

Even though I use the word gender when referring to people these days--I've been beaten down--I still insist that male and female are sexes, not genders. Gender is merely a noun class, a purely grammatical function. Call me a traditionalist, but what should I make of those languages which have more than three genders?

"Nouns have gender; people have sex (except me)," as my grammar teachers said.

|4.9.07 @ 12:28PM|

Well taken point, however, once you get into reproductive rights, there are compelling arguments that her rights exactly are threatened!


If that were the ultimate concern, someone would have brought that up before then (as opposed to "Coulter wants to take womens' votes away!), and/or we would be talking about a reproductive-rights amendment.

For that matter, in the matter of reproductive rights and child care, absolutely nobody here, including myself, you, or Jennifer, has ever argued for legal equality between the sexes on that issue in my hearing. In fact, some of us have had long, drawn-out arguments as to how inequality should be legally crafted.

VM|4.9.07 @ 12:34PM|

"In fact, some of us have had long, drawn-out arguments as to how inequality should be legally crafted."

true dat!

excellent points in your post!

|4.9.07 @ 12:38PM|

Thanks, Moose.

I still remain unclear what rights my magical Y chromosome protects against violation in just the way Jennifer suggests womens' rights can be violated.

|4.9.07 @ 12:40PM|

And to clarify, I have no problem with an ERA. I just don't understand what it's expected to accomplish.

|4.9.07 @ 12:41PM|

once you get into reproductive rights, there are compelling arguments that her rights exactly are threatened!

Right now, the protection for reproductive rights boils down to (a) whatever cultural/social norms might inform the Ruling Class (which will be unchanged by the ERA) and (b) the goodwill of no fewer than five (5) SCOTUS Justices.

IOW, exactly what the protection for reproductive rights will be after the ERA goes into effect.

Passim|4.9.07 @ 12:43PM|

I'm going to leave here before someone suggests, as certain John-Edwards-type lawyers ultimately will, that women have a right to subsidized jock-straps and men have a right to subsidized tampons.

VM|4.9.07 @ 12:52PM|

Next on Reason: Passim discusses the other "Tuck Rule"

Dave W.|4.9.07 @ 12:57PM|

For that matter, in the matter of reproductive rights and child care, absolutely nobody here, including myself, you, or Jennifer, has ever argued for legal equality between the sexes on that issue in my hearing. In fact, some of us have had long, drawn-out arguments as to how inequality should be legally crafted.

Child custody law should be gender neutral.

Oh, that's right. You can't hear me due that filtration thingee.

|4.9.07 @ 1:00PM|

Eric, RC,

You do realize that the language as crafted would forbid discrimination against males too, right?

edna|4.9.07 @ 1:05PM|

C'mon, RCD. You know this stuff.

yeah, the stuff that makes rain for litigators. you wouldn't happen to be a lawyer, wudya?

|4.9.07 @ 1:09PM|

Passim,
"Gender" as a noun classification proceeds from mammalian sexual identity classification.

|4.9.07 @ 1:11PM|

You do realize that the language as crafted would forbid discrimination against males too, right?

I repeat my earlier question(s): Exactly what problem are we trying to solve here?

I've certainly never suggested that I thought discrimination against males was a problem that needed a Constitutional fix, so I'm not sure why joe is directing this question to me.

Dave W.|4.9.07 @ 1:26PM|

I've certainly never suggested that I thought discrimination against males was a problem that needed a Constitutional fix

Unless you are draft age, getting divorced from an unreasonable spouse or sell cocaine, then the problems really don't need a fix at all.

They did have a white lawyer in the prison on OZ, but that was teevee.

|4.9.07 @ 1:39PM|

Also, I'm actually curious: can anyone find an instance of a woman being convicted for a sex offense and being put on a sex-offender list for nothing more than taking off her shirt in public?

No!!!! Wholesome Moose!!!!|4.9.07 @ 1:42PM|

with pictures? with pictures?

no. must. resist. urge. to. 'bate.

not 'bating.

Jennifer|4.9.07 @ 1:44PM|

I still remain unclear what rights my magical Y chromosome protects against violation in just the way Jennifer suggests womens' rights can be violated.

Tell me about it. I'm still trying to figure out why my lack of a Y chromosome would have made me legally subhuman throughout most of history.

Passim|4.9.07 @ 1:51PM|

Discrimination against men is endemic in the US.

If there is any amendment needed, it is one which protects men from non-men such as the Alan Aldas and Woody Allens of our country.

When you can logically explain why I am looked upon as weird--perhaps even sick--because I took my teenage boys to a centuries-old all-male bath in Budapest, where I dared appear naked in front of my equally-naked kids, while my next-door female neighbour can bathe her 4-yo son without reproach, then I will consider that this country might need some sort of ERA.

Until then...as I said before...give it a generation (20 years). Right now, women have all the advantage.

Jennifer|4.9.07 @ 1:55PM|

When you can logically explain why I am looked upon as weird--perhaps even sick--because I took my teenage boys to a centuries-old all-male bath in Budapest, where I dared appear naked in front of my equally-naked kids, while my next-door female neighbour can bathe her 4-yo son without reproach, then I will consider that this country might need some sort of ERA.

Was your female neighbor naked at the time? If not, I'd guess maybe that's why.

Passim|4.9.07 @ 2:00PM|

Jennifer

Please pay attention, for a change! The difference is appearing nude in front of the child vs. bathing the child. Bathing the child involves touching.

THAT'S WHY.

|4.9.07 @ 2:01PM|

I still remain unclear what rights my magical Y chromosome protects against violation in just the way Jennifer suggests womens' rights can be violated.

Tell me about it. I'm still trying to figure out why my lack of a Y chromosome would have made me legally subhuman throughout most of history.


OK, since you're not actually going to answer any of my questions, another question:

So, how are we going to fund this Time Patrol that will enforce the ERA throughout all of human history?

|4.9.07 @ 2:02PM|

...And what will we do when this massive cross-time intervention leads to suicide bombers blowing up George Washington's boat while it crosses the Delaware?

|4.9.07 @ 2:05PM|

Also, should private time travel be regulated, and what governments (and when?) have jurisdiction?

Passim|4.9.07 @ 2:06PM|

I'm sorry, Jennifer, but you seem to go from being very reasonable at one glance...

...to completely ignorant, stupid, and evilly offensive the next time I dare check a thread.

I try to be gentlemanly, but your ignorance deserves no deference, gentlemanly or otherwise.

Jennifer|4.9.07 @ 2:08PM|

I try to be gentlemanly, but your ignorance deserves no deference, gentlemanly or otherwise.

I'm sure I'll manage regardless. By the way, I was thinking about your complaints on the other thread and I've concluded you're right: the reason you've had no luck in finding your dream woman is because every single woman you meet is fucked up; the problem clearly doesn't lie within you.

The world's three billion women just don't know what the fuck we're missing.

|4.9.07 @ 2:17PM|



Exactly what problem are we trying to solve with the ERA? How and where are women not equal before the law, again?



Draft.

Prison conditions.

Marital property laws.


You and I both know that the ERA is not intended, and will not be interpreted, to give men equal rights with women. It is only meant to give women equal rights (but not equal responsibilities) with men.

Dave W.|4.9.07 @ 2:19PM|

Oh, Passim, you have to not give in the urge to go ballistic on Jennifer. I did one time, and very much regretted it. She is basically nice, and she is one of those writers who makes it easy to tune out the shrill stuff when it occurs. She probably has, on balance, a good influence on others. like anybody else, she is wrong sometimes, but she is a lot more persuasive when she is right than when she is wrong, so you can kind of roll with her stuff with relative ease.

|4.9.07 @ 2:20PM|

I can't remember the senator's name, and my google skills are failing me, but the funniest comment I heard during the debate on the first ERA was a senator saying"

"Will this amendment eliminate menstruation for women or require menstruation for all people? I need the answer to that before I can cast a vote."

Needless to say, his comments did not go over well with many women.

|4.9.07 @ 2:23PM|

Menstruation for some, tiny American flags for others.

Product Placement|4.9.07 @ 2:24PM|

(actually, Eric, in a pinch, absorbo brand tiny American flags can be useful)

*opens up can of Brondo. It's got electrolytes.

Dave W.|4.9.07 @ 2:26PM|

You and I both know that the ERA is not intended, and will not be interpreted, to give men equal rights with women. It is only meant to give women equal rights (but not equal responsibilities) with men.

Oh, I know it is not intended to do the things I said. Nevertheless, I think the actual applications will be exactly what I said. If feminists knew how the thing would be applied after it is passed, then they would not be supporting it. good thing, too, because the problems I identified are substantial and real.

|4.9.07 @ 2:29PM|

...If I were to time-travel back to 2000 once each year until I died, should all of my future selves be allowed to vote for Gore?

|4.9.07 @ 2:30PM|

jake,

Google doesn't help me either, but I did locate the Museum of Menstruation, for what that's worth.

VM|4.9.07 @ 2:31PM|

Eric -

only if you do it in Chicago...

|4.9.07 @ 2:32PM|

only if you do it in Chicago...


No, I totally said I'd stop when I died. ;)

Passim|4.9.07 @ 2:32PM|

Jennifer

I hope you and 3 billion other girls (as most are) do indeed think of me as inadequate. I have had the honour of knowing only three, all of whom are gone now. I have seen all three worry about certain advantages men have; and right they were to be concerned.

But I never saw them, nor any of their literal nor metaphorical sisters, worry about the DISadvatages men have.

I was on your side. I still try to be, but you and your ilk make me your enemy.

Passim|4.9.07 @ 2:34PM|

Dave W (and Jennifer)

I know, I should NOT go ballistic. I try...I really do!...but I fail repeatedly.

|4.9.07 @ 2:53PM|

Passim, if you don't enjoy throwing melodramatic fits about how angry you get while commenting here, maybe you either should get a hold of yourself, avoid reading the comments of those people who make you throw melodramatic fits, or stop reading and leaving comments here.

Passim|4.9.07 @ 2:58PM|

OK, Eric

good advice. I'll keep reading for now, but you're right. I'll refrain from comments.

cheers.

|4.9.07 @ 2:58PM|

Amend my earlier thoughts due to not reading TFAmendment. I thought we were going for a civil rights sort of thing here. I don't care if we restate equality under the law until we are blue in the face. So long as we are ONLY talking about equality under the law, I see no problem at all.

Chucklehead|4.9.07 @ 3:16PM|

Frankly, women demanding equality with men is pretty stupid. They ought to demand more rights and privileges simply because they are responsible for, and needed to, keep future generations of humans coming.

|4.9.07 @ 3:31PM|

This is a blast from the past! If the ERA is coming back, will platform shoes and disco be far behind?

Based on this thread, the benefits of the ERA seem to be:

-Women would have to be drafted if men were drafted.

-Women would be able to go topless in public (unless there are laws forbidding both men and women from doing so).

-The government would extend recognition to same-sex marriage.

-There will be no "backsliding" on sex equality. That is to say, the government (which is accountable to a 50% female electorate) won't be able to pass new laws recognizing the differences between men and women. The (unelected, and mostly male) federal judiciary will protect us against such a possibility. For instance, public schools will have to be coed (which the Supremes require in most cases even *without* an ERA), but of course bathrooms can still be segregated by sex.

-"prison conditions" will be ameliorated in some unspecified way. Does this mean coed prisons?

-Marital property laws will be changed.

Have I missed anything?

|4.9.07 @ 3:34PM|

-The government would extend recognition to same-sex marriage.


Huh?

Dave W.|4.9.07 @ 3:35PM|

"prison conditions" will be ameliorated in some unspecified way. Does this mean coed prisons?

Only if "separate but equal" doesn't work. It was 50 years from Plessy to Brown on the schools. the screws would have an opportunity to get their act together before the judges sent in the lady cons.

|4.9.07 @ 3:36PM|

Wait, nevermind, I can see that logic. It'd presumably be opposed by the same logic now that says "Sure, gays can get married to people of the opposite sex, to."

VM|4.9.07 @ 3:42PM|

How about this then. (Hat tip: JDK/"BB")

|4.9.07 @ 5:54PM|

Passim, your comments add value to the threads.

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