How to Update the Equal Rights Amendment How to Update the Equal Rights Amendment

How to Update the Equal Rights Amendment

By Ari Elorreaga Smart Ass Fellow

Enshrined and practiced equality is overdue in 2020. In legislation, this manifests as the Equal Rights Amendment, which began as the Women’s Movement’s Mount Everest. Born out of a desire for fully protected equality under law, it has faced opposition in the form of ratification delay, counter-movements, blatant dismissal, and burial by “more pressing” legislative issues. This simple goal, uniform protection for all genders, is critical for historically disenfranchised groups like women, LGBTQ+, and minority races. The original ERA had a limited focus on legal distinctions between the sexes. It gained traction in the 1960s and 1970s within Gloria Steinem’s and Betty Friedan’s Second Wave feminism. However, the proposal failed to be ratified due to a counter-movement, industry backlash, and partisan legislative attacks. Phyllis Schlafly and the more traditional female homemakers of the 70s strongly opposed, and even took offense, to an amendment that proposed men and women be considered the same under the law. The Stop ERA movement perceived the amendment as an affront to their way of life. On top of this dissent, corporate insurance companies heavily fought the ERA to maintain their ability to apply different policies to men and women on the basis of biological difference. Women often had higher premiums for life insurance and auto insurance. Republicans in Congress adamantly attacked the ERA on the grounds of rightward bound ideology. For decades now, the ERA has idled in Congress untouched and unratified. Meanwhile, the concept of equality has broadened through increased social justice awareness. Simultaneously, threats within power structures have become newly apparent. The original idea for the ERA, proposed in 1923, needed an update for its reemergence in the 60s and 70s. The same is true for our current moment. The old definition for non-ubiquitous “equality” doesn’t cut it. It’s time for a rewrite that includes transgender individuals, people of all colors, all religions, and all sexes (with the inclusive understanding that gender and sexuality are spectrums.) An Equal Rights Amendment in 2020 needs to expand beyond sex. It needs to include contingencies for diverse races, socioeconomic backgrounds, and all frequently disenfranchised identities. With explicit equality, social justice movements such as #MeToo, Black Lives Matter, and LGBTQ+ Advocacy, would be legally uplifted. Such legal backing would put a more inclusive society within reach. As the US has diversified, universal legal inclusion of identities is beyond due. The absence of an Equal Rights Amendment in the Constitution means an absence of equality in social practice. The 20th century ERA’s failure to be ratified and to include broader identities enables exclusion, discrimination, and disadvantages in the workplace, healthcare, systems of authority, and has made the disenfranchised heavily marginalized during times of crisis. Challenges are ubiquitous in the COVID-19 pandemic, but even more so for women, people of color, and marginalized communities. It is easy to say that an abstract concept like generalized equality can take a backseat to such daily real-time crises, but this time of panic makes the ERA even more crucial as the flaws in our society are illuminated. COVID-19 has made inequality abundantly clear. The first step to solving these social gaps is the creation of an equality safetynet. “[The ERA] is like an IUD for rights.”

“A revised ERA necessarily includes provisions that establish both equal and reasonable compensation for equivalent work from all people regardless of race, gender, or sexuality. ”

The priorities of an ERA rewrite should focus firstly on determinants of equal opportunity and quality of life. Pay equity analysis is essential for this. In 2020, women continue to be paid 29% less than men for equivalent work. Mothers encounter an even larger payment discrepancy. Women generally are paid 81% of a man’s salary; mothers can subtract 7% per child from that 81%. Race leads to further salary subtractions. Women from non-white racial and ethnic backgrounds earn on average three fourths of what a white man does.

The impacts of the pay gap increase as a career pro- women of color three times more likely to die from gresses as with lesser overall income and earning than pregnancy related causes, but they are more likely to male counterparts; This is exacerbated in high-lev- be denied medical care in general. el, highly educated positions and industries such as Beyond basic needs, disenfranchised groups are sysbusiness, law, and medicine. The data included also tematically kept out of positions of power. This predoes not account for the negative emotional impacts vents many of the inequality issues they face from from unequal work cultures and the subsequent abus- being institutionally addressed. An updated ERA will es. Racially diverse female-identifying individuals are facilitate, through enshrining a more inclusive ideolsystematically pi- ogy in American geon holed and institutions, the constrained. A ability of women lack of transpar- and minorities ency often pre- to gain access to vents them from such influential addressing this roles. In governpayment discrim- ment, in busiination. A revised ness, in medicine, ERA necessarily and in virtually includes provi- every industry, a sions that estab- diverse panel of lish both equal decision makers and reasonable is crucial to facilcompensation for itating progress. equivalent work The various perfrom all people spectives brought regardless of race, by people who are gender, or sexuality. Transparency regarding pay discrepancies as well Pictured (from left) are Gloria Steinem, Bella Abzug, Shirley Chisholm, and Betty Friedan, the leaders of the 1960s-70s women’s movements and major proponents currently prevented from acquiring these roles will only improve our as contingencies for of the ERA. PHOTO COURTESY OF AP society by advancmaternity and pa- ing the goals of ternity leave would be critical to establishing equality #MeToo, Black Lives Matter, LGBTQ+ advocacy, and a in the workplace. As a basic human right, everyone plethora of other important social movements. Protecneeds access to employment, compensation, oppor- tion and de-stigmatization of these issues is beneficial tunity, and the ability to protect their interests. Pay for American society to improve. equality is a necessary step to ensuring safe and equal An Equal Rights Amendment is necessary for working conditions. our society to acknowledge the struggles of disenfranA basic universal human right, healthcare has failed chised groups and to promote progress in justice. The to be equally accessible and effective for all genders, timeless abuses faced by women and minority identiraces, and sexualities. The United States has neglected ties are prevalent in 2020 with assaults from powerful the fact that different identities require different med- positions like the president. A timeless protection is ical care. For women, birth control is a necessity. It is therefore needed to counteract the lacking progress. a part of the right to reproductive agency, a factor that It’s not an outlandish idea to be frightened by the impacts earning potential and employment autonomy. way this year is going, but with enshrined rights for An updated ERA must include a clause that addresses at risk groups, a more positive foundation of societal the discrepancy between male and female healthcare well-being can be established and built upon. Many orcoverage. LGBTQ+ individuals also experience radical ganizations are still fighting for the ERA to be ratified neglect in the medical sector. Research and availabil- and passed. However, the expanded understanding of ity for medicines/procedures is critical for their full acceptance necessitates a fresh start and a new amendlegal, and social, inclusion. The lens of racial injustice ment. It might not be under the same name but the further elucidates healthcare discrepancies with wom- heart of the amendment, enshrined equality, will be en of color facing even more significant challenges in even more prominent. receiving adequate medical attention. Not only are