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Jim Lane

(11,175 posts)
13. Many instances of gender-discriminatory laws have been struck down under the Equal Protection Clause
Fri Jan 25, 2013, 03:13 AM
Jan 2013

Are there specific discriminatory laws still on the books that a ratified ERA would invalidate?

This thread has mentioned the current requirement that men (only) register for Selective Service, so that a draft can be reinstituted quickly. That law might or might not survive the ERA. (In the 1970s, when the ERA was more of a hot issue, there would have been a better argument for preserving the males-only registration requirement, because the idea was to compel registration of people who might be drafted to serve in combat. Today, that defense wouldn't work. My guess is that the law would fall.)

Are there any others?

Bear in mind that the ERA applies only to government action. It won't stop Rupert Murdoch from running sexist headlines in the New York Post. It won't purge online forums of the use of "bitch" to put down women. It won't even require equal pay for equal work in the private sector. That requirement is imposed by federal statutes (and by some state statutes and municipal ordinances). Those protections could be repealed by simple legislative action, whether or not there's an ERA in the Constitution.

Yes, I recognize the argument for its symbolic value. I'm just trying to determine what the practical effects would be.

Agreed. William769 Jan 2013 #1
It would be nice to see a couple of words added to the end of Section 1: sex, gender, petronius Jan 2013 #9
... William769 Jan 2013 #12
can't, sorry sandyo--ERA Jan 2013 #15
absolutely agreed. I could not believe, last night, that some were demanding that women niyad Jan 2013 #2
bloody friggen right! Whisp Jan 2013 #3
Again, go ask the commanders in door-to-door combat zones. sandyo--ERA Jan 2013 #19
I know what you are saying Whisp Jan 2013 #35
Women could be drafted without an ERA sandyo--ERA Jan 2013 #16
You ever hear the phrase "you're old enough to kill, but not for voting?" malthaussen Jan 2013 #40
yes, I remember that quite well. I realize the one percent doesn't give a damn, but that is not niyad Jan 2013 #43
Ah, sounds like you have the same problem as my mother... malthaussen Jan 2013 #44
well, did not grow up under either of the roosevelts, but my mind is still somewhat logical-- niyad Jan 2013 #45
No, but a change in perspective might. malthaussen Jan 2013 #46
I have never entertained the delusion that politicians work for us, regardless of what the civics niyad Jan 2013 #47
Yeah, that's the real bafflement. malthaussen Jan 2013 #48
you nearly owed me a keyboard--I was drinking coffee when I read that last line. niyad Jan 2013 #49
Glad I could help malthaussen Jan 2013 #50
k&r obamanut2012 Jan 2013 #4
I can't beleive we STILL don't have the ERA---and it is not even up for discussion in Congress. nt SunSeeker Jan 2013 #5
Ah, but I just worked w/3 other states to file a new, speedup ERA bill sandyo--ERA Jan 2013 #17
Wow. I had no idea anyone was working on the ERA! SunSeeker Jan 2013 #34
We don't need more combat soldiers, we need less combat Demo_Chris Jan 2013 #6
NO combat, no more Wars is the goal. sandyo--ERA Jan 2013 #18
Yes. yardwork Jan 2013 #7
But then girls and boys would have to use the same toilets! longship Jan 2013 #8
NOPE. Respect for decency is assured sandyo--ERA Jan 2013 #20
The 10th Amendment does not protect "respect for decency". Romulox Jan 2013 #28
she did say it already, often niyad Jan 2013 #36
One of the arguments against ERA in the 70s The Blue Flower Jan 2013 #10
NOPE again sandyo--ERA Jan 2013 #21
Combat pay is based on location... actslikeacarrot Jan 2013 #22
Correct... Coyote_Tan Jan 2013 #42
Women in combat was one of the major themes by Schafly to defeat the ERA. Now it's gone. freshwest Jan 2013 #11
Many instances of gender-discriminatory laws have been struck down under the Equal Protection Clause Jim Lane Jan 2013 #13
NOPE, for the third time sandyo--ERA Jan 2013 #23
I disagree with your legal analysis. Jim Lane Jan 2013 #41
2PassERA.org, "ERA for women", "ERA for men", etc etc sandyo--ERA Jan 2013 #25
K&R n/t Lady Freedom Returns Jan 2013 #14
K&R Starry Messenger Jan 2013 #24
Whaaaaat ? sandyo--ERA Jan 2013 #26
K&R = "Kicked & Recommended". randome Jan 2013 #30
Yaaaaaay! BE a Hero and urge ERA hearings in FL legislature sandyo--ERA Jan 2013 #32
Okay. I will. randome Jan 2013 #37
Oh, come on. Be reasonable. randome Jan 2013 #27
We've heard those negatives FOR THIRTEEN YEARS but they are useless sandyo--ERA Jan 2013 #31
please just pick up the phone for ERA--takes 2.5 minutes and it's IMPORTANT sandyo--ERA Jan 2013 #29
Help Help us 2PassERA.org sandyo--ERA Jan 2013 #33
What a fantastic idea! Orrex Jan 2013 #38
I believe if ERA was sent to the states now, it would do worse malthaussen Jan 2013 #39
I've been beating this drum for a few decades, now. MADem Jan 2013 #51
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