Current Events > The Equal Rights Amendment could be ratified soon

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Damn_Underscore
04/25/18 5:01:53 PM
#1:


The Illinois Senate just ratified it, and if the Illinois House of Reoresentatives ratifies it then that's 37 states that have ratified the ERA out of 38 needed. And if that happens, then there will be a huge push to get that last ratification.

The main issue is that four states have rescinded their ratifications, but the Constitution doesn't say whether their previous ratifications will count or not, so this would go to the Supreme Court.

The Equal Rights Amendment says

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.

Section 3. This amendment shall take effect two years after the date of ratification.

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s0nicfan
04/25/18 5:03:41 PM
#2:


Does this... actually add anything that isn't already there?
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Damn_Underscore
04/25/18 5:17:09 PM
#3:


Well for one thing it would probably totally change divorce court in the US
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Damn_Underscore
04/25/18 5:58:16 PM
#4:


bump
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SomeonesAlt
04/25/18 6:09:17 PM
#5:


s0nicfan posted...
Does this... actually add anything that isn't already there?

I think it's just symbolic for whatever reason. This is 37 years late, lol
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ThePieReborn
04/25/18 6:37:32 PM
#6:


SomeonesAlt posted...
s0nicfan posted...
Does this... actually add anything that isn't already there?

I think it's just symbolic for whatever reason. This is 37 years late, lol

No, it would change equal protection cases in a substantial fashion. Currently sex is not a suspect criteria with regards to equal protection, because the core purpose of the Fourteenth Amendment concerns race and national origin. This amendment would make sex an explicit suspect criteria, and sexual discrimination cases and state actions allegedly discriminating on the basis of sex (for example the leaning towards the mother in custody cases) would be subject to strict scrutiny and require the state provide a compelling state end and the action taken be the least restrictive alternative.

It wouldn't be ground shattering, but it would not merely be symbolic.
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SomeonesAlt
04/25/18 6:39:21 PM
#7:


ThePieReborn posted...
SomeonesAlt posted...
s0nicfan posted...
Does this... actually add anything that isn't already there?

I think it's just symbolic for whatever reason. This is 37 years late, lol

No, it would change equal protection cases in a substantial fashion. Currently sex is not a suspect criteria with regards to equal protection, because the core purpose of the Fourteenth Amendment concerns race and national origin. This amendment would make sex an explicit suspect criteria, and sexual discrimination cases and state actions allegedly discriminating on the basis of sex (for example the leaning towards the mother in custody cases) would be subject to strict scrutiny and require the state provide a compelling state end and the action taken be the least restrictive alternative.

It wouldn't be ground shattering, but it would not merely be symbolic.

Oh, well thanks for the clarification
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Tyranthraxus
04/25/18 6:40:33 PM
#8:


s0nicfan posted...
Does this... actually add anything that isn't already there?

I believe this makes gay marriage a constitutional right since it would be discriminatory to consider the sex of the people being married, as well as power of attorney rights, adoption, etc.

I'm sure there's some benefit in it for trans as well.

Not groundbreaking, and as it was said several decades late but it puts in protections that are very hard to remove.
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Pepys Monster
04/25/18 6:40:39 PM
#9:


So is this good for MRAs?
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HotMaladorianAI
04/25/18 6:43:34 PM
#10:


I feel like the courts/the legal system almost wholly pander to women, not only in custody battles and divorce court but also in terms of relative sentencing, so if this actually happened Id be interested in seeing how it would actually play out in reality.
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Medussa
04/25/18 6:44:22 PM
#11:


neat.
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ThePieReborn
04/25/18 6:45:49 PM
#12:


Tyranthraxus posted...
s0nicfan posted...
Does this... actually add anything that isn't already there?

I believe this makes gay marriage a constitutional right since it would be discriminatory to consider the sex of the people being married, as well as power of attorney rights, adoption, etc.

I'm sure there's some benefit in it for trans as well.

Not groundbreaking, and as it was said several decades late but it puts in protections that are very hard to remove.

Yep, this would strengthen those arguments. Not necessarily to the degree that gay marriage is instantly insulated, but it would bolster the arguments used in Windsor and Obergefell to the point that it would be a much smaller jump and much more constitutionally sound.
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_Near_
04/25/18 6:48:32 PM
#13:


ThePieReborn posted...

No, it would change equal protection cases in a substantial fashion. Currently sex is not a suspect criteria with regards to equal protection, because the core purpose of the Fourteenth Amendment concerns race and national origin. This amendment would make sex an explicit suspect criteria, and sexual discrimination cases and state actions allegedly discriminating on the basis of sex (for example the leaning towards the mother in custody cases) would be subject to strict scrutiny and require the state provide a compelling state end and the action taken be the least restrictive alternative.

It wouldn't be ground shattering, but it would not merely be symbolic.


I mean, sex is at a heightened scrutiny as it stands right now. I think pushing it to strict scrutiny could bring some good changes, especially in the workplace.
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Garioshi
04/25/18 6:49:51 PM
#14:


The fuck? The Equal Rights Amendment is still a thing?
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SomeonesAlt
04/25/18 6:54:21 PM
#15:


Garioshi posted...
The fuck? The Equal Rights Amendment is still a thing?

From what I've read, Illinois choosing to suddenly ratify it after all this time is a tongue in cheek jab at the Trump administration
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Kazi1212
04/25/18 7:11:59 PM
#16:


Will men be treated more fairly in divorce proceedings?
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Questionmarktarius
04/25/18 7:13:13 PM
#17:


s0nicfan posted...
Does this... actually add anything that isn't already there?

A gigantic shitstorm with Selective Service, very quickly.
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Questionmarktarius
04/25/18 7:15:12 PM
#18:


Garioshi posted...
The fuck? The Equal Rights Amendment is still a thing?

The 27th amendment took slightly less than 203 years to ratify. This is nothing new.
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ThePieReborn
04/25/18 7:39:38 PM
#19:


Questionmarktarius posted...
s0nicfan posted...
Does this... actually add anything that isn't already there?

A gigantic shitstorm with Selective Service, very quickly.

Mmm. It would provide fuel, but I'm not sure it would ignite. The Court has historically given extreme deference to Congress's powers with regards to national security/raising armies.
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Questionmarktarius
04/25/18 7:45:50 PM
#20:


ThePieReborn posted...
Questionmarktarius posted...
s0nicfan posted...
Does this... actually add anything that isn't already there?

A gigantic shitstorm with Selective Service, very quickly.

Mmm. It would provide fuel, but I'm not sure it would ignite. The Court has historically given extreme deference to Congress's powers with regards to national security/raising armies.

The ERA would utterly screw up a male-only draft, either immediately or soon.
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Medussa
04/25/18 7:47:31 PM
#21:


Questionmarktarius posted...
The ERA would utterly screw up a male-only draft, either immediately or soon.


yeah, but it could probably be ignored until such a draft is called. which, doesn't seem necessary any time soon.
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Questionmarktarius
04/25/18 7:49:11 PM
#22:


Medussa posted...
Questionmarktarius posted...
The ERA would utterly screw up a male-only draft, either immediately or soon.


yeah, but it could probably be ignored until such a draft is called. which, doesn't seem necessary any time soon.

Selective Service registration itself would shit the bed, unless it became genderless.
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Medussa
04/25/18 7:51:26 PM
#23:


that's fair. and it probably would, banking on saying "this is a last-case scenario" and justifying it with 50 years of no draft being implemented.

but i have no issues with it just going away altogether.
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Medz1286
04/25/18 7:52:01 PM
#24:


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Garioshi
04/25/18 9:25:22 PM
#25:


Questionmarktarius posted...
Garioshi posted...
The fuck? The Equal Rights Amendment is still a thing?

The 27th amendment took slightly less than 203 years to ratify. This is nothing new.

The FUCK?
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Damn_Underscore
04/25/18 10:32:25 PM
#26:


bump
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Nomadic View
04/25/18 10:36:32 PM
#27:


The 14th already covers this. Sure, go for it I guess. Its kinda redundant though.
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ThePieReborn
04/25/18 11:24:50 PM
#28:


Nomadic View posted...
The 14th already covers this. Sure, go for it I guess. Its kinda redundant though.

It covers it insofar as sex is granted weaker protection/examined with lesser scrutiny than racial/national origin discriminatory action.
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DevsBro
04/25/18 11:32:45 PM
#29:


Damn_Underscore posted...
Well for one thing it would probably totally change divorce court in the US

lol
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Barenziah Boy Toy
04/25/18 11:38:15 PM
#30:


s0nicfan posted...
Does this... actually add anything that isn't already there?

It prevents any future courts from having to interpret the 14th Amendment.
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_Near_
04/25/18 11:51:24 PM
#31:


Medussa posted...
Questionmarktarius posted...
The ERA would utterly screw up a male-only draft, either immediately or soon.


yeah, but it could probably be ignored until such a draft is called. which, doesn't seem necessary any time soon.


Maybe not, since males have to do selected service to get things like financial aid. A case could be made that women are treated differently without a compelling government interest without having a draft in place.

Just a thought tho
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ElatedVenusaur
04/26/18 12:25:33 AM
#32:


I hope it gets ratified, but Congress placed an expiration date(1979) on the original proposal. Is there any resolution to that?
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