The Puma PAC NEW Era Team designed our PROWL to the Arkansas legislature, encouraging them to approve the Equal Rights Amendment for their state, an outcome which would have brought us 1/3 of the way towards seeing the ERA finally make its way back to Capitol Hill for final ratification. That's all it takes — three states to approve the ERA. (38 states must approve the proposed amendment before Congress can ratify it and add it to the Constitution.
We already HAVE 35 states’ approval).
Alice Paul wrote the amendment in 1923, after which it made its painfully slow way through the states and stalled for many years.
The National Organization for Women and other women's groups revived interest in the amendment during the 1970’s and ALMOST got it all the way back to the Congress, but they fell 3 states short.
Today we have the opportunity to finally finish the work Alice Paul and our grandmothers set out to do 86 long years ago: enshrine in our Constitution the legal declaration that the rights guaranteed to American men shall be no different from the rights guaranteed to American women. That's it.
As I said yesterday, there is nothing in the ERA about abortion, military service, contraception, child custody, divorce, or any of the scary boogey-men opponents use to browbeat politicians and citizens into voting against it. It is AMAZING that the same baseless myths used against the ERA in the 1940's and 50's and 60's and 70's and 80's and 90's are STILL trotted out today.
MYTH: The ERA will mean that women will be drafted!
FACT: Congress already has the power to draft women into the armed services. Article I, section 8 of the Constitution gives Congress the power to raise armies but does not specify gender or age limitations.
MYTH: The ERA will guarantee same sex marriages!
FACT: The Equal Rights Amendment does not concern gender preferences nor sexual orientation. The Equal Rights Amendment says only that "equality of rights under the law shall not be denied because of sex". In this regard, sex means gender, just as it does in the 19th Amendment (which gave women the right to vote). Sexual orientation and sexual preferences do not fall under either the meaning nor the intent of the ERA. In a 1974 decision, Singer v Hara, the Supreme Court in Washington state rejected the arguments by same sex couples that their state ERA granted same sex marriage. Recently, in same sex marriage cases in Massachusetts(2003) and in Washington (2006), both state Supreme Courts rejected claims by gay marriage attorneys that their state ERA supported same sex marriage. On September 18, 2007 the Maryland Court of Appeals also rejected the argument that their state ban on same sex marriage violated Maryland's Equal Rights Amendment saying "the ban on gay marriage does not discriminate on the basis of gender and does not deny any fundamental rights." In 2006, The Family Research Council, a Christian organization promoting the traditional family unit and the Judeo-Christian value system, reversed its stance that the ERA would grant same sex marriage. Their brief in the Maryland same sex marriage case (see Family Research Councils' Amicus Curiae for Deane v Conaway) argued that the ERA does not grant same sex marriage and cited the 2006 Washington state ruling as proof the ERA cannot be used to legalize gay marriage.
MYTH: The ERA will mean that women can demand state funded abortions!
FACT: The Equal Rights Amendment does not guarantee any rights not already in the Constitution. The Equal Rights Amendment simply says that the rights contained in the Constitution apply equally to men and women. Abortion became a legal medical procedure in the United States because of a Supreme Court decision (Roe v Wade). The ERA says nothing about reproductive rights. In the two cases where a state with an ERA has been ordered to pay for a medically necessary abortion for a woman financially unable to obtain private medical services, the court’s decisions included the woman’s "right of equal protection", "right to privacy" and the "right of due process".
MYTH: What about unisex toilets?
FACT: Once again a baseless myth. There are no laws against unisex toilets. Many restaurants and all planes have unisex toilets. Our right to privacy laws protect us from having to share toilet facilities simultaneously with members of the opposite sex.
MYTH: We don’t need the Equal Rights Amendment because women have equal rights under the 14th Amendment.
FACT: The 14th Amendment gives no guarantees of equal rights to women. In fact, though it was passed to insure that former slaves were given equal protection under the law, black women were excluded from these rights, as were all white women. The 14th Amendment was not applied to a case involving sex discrimination until the 1970s when it was used in a case concerning equal pay. So while the 14th Amendment has occasionally been interpreted to benefit women, it offers them no guarantees.
MYTH: An amendment to the Constitution is unnecessary; there are laws against sex discrimination.
FACT: Equality of women and men is a fundamental human right and should be codified in our Constitution. The only right that the Constitution guarantees for women is the right to vote. Laws are not guarantees. Laws can be eroded, amended or repealed, in many states by a margin of one vote. An amendment is necessary to insure that sex discrimination laws cannot be overturned or misinterpreted. But even laws meant to protect women from sex discrimination can discriminate based on sex. Although employees discriminated against because of their race or religion can avail themselves of a federal law providing unlimited recovery with no caps on damages (42 U.S.C. Sec. 1981), there is no comparable federal statute providing unlimited recovery for employees discriminated against because of gender. The cap on punitive damages because of sex discrimination is $300,000, which is not enough to serve as a deterrent. Clearly, laws have not protected women from sex discrimination in employment. The largest class action law suit in the history of this country is currently being argued. This case involves 1.6 million women who are suing Wal-Mart for sex discrimination. Cases of discrimination because of pregnancy have increased dramatically over the last few years. And women still on average make 75 cents for every dollar men make. Recent studies have shown that women with 4 year degrees, on average earn less than men with high school diplomas. Women with Masters degrees earn less than men with 4 year degrees. The Equal Rights Amendment would place sex discrimination in the same legal class as discrimination based on race and religion. This means that those accused of sex discrimination would have to prove why it was justified, rather than require the victim to prove that it occurred. This would greatly improve women’s chances of winning sex discrimination cases and would act as a deterrent.
Puma PAC's own Billie Jo has designed a BEAUTIFUL flyer debunking the most common myths about the ERA and informing people of the facts and how to get involved.
Your mission is to print out ten copies of Billie Jo's flyer, available HERE, and commit to distributing them in your neighborhood this week.
Once you’ve done 10, print out 10 more! Drop them at the library, post office, coffee shop, hairdressers, train station, mall, doctor's office, work bulletin board — ANYWHERE you go, drop a flyer!
*Source for Myths and Facts http://www.4era.org/myths.htm
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