The Equal Rights Amendment could soon become part of the Constitution, but experts are divided on whether it would be a boon or a bust for women’s finances.
The ERA, which mandates equal rights for both men and women, received new life last week as Virginia became the 38th state to approve it, following Illinois in 2018 and Nevada in 2017. It was introduced in 1923, passed by Congress in 1972 and ratified by 35 of the 38 states needed to enshrine it in the Constitution by 1977.
The ERA is unnecessary because the Constitution already bars sex discrimination by the government, Forde-Mazrui wrote in a Jan. 16 op-ed for the Richmond Times-Dispatch. It would do nothing to address equal pay, violence against women or workplace sexual harassment since it doesn’t extend to the private sector or households, he said.
“Throughout history, people have contested the meaning of every law,” Suk said. “The question is: If it’s possible to have contested meanings, does that mean we shouldn’t have it?” Kate Nielson, the director of public policy and legal advocacy for the nonprofit American Association of University Women, which supports the ERA’s ratification, called the amendment “a tool in the legal toolbox” to help women who have experienced discrimination seek legal recourse.
Jennifer Carroll Foy, a lawyer and Democratic member of Virginia’s House of Delegates, said the amendment would provide reinforcement to laws and statutes already on the books that address sex discrimination, pay inequality and violence against women.
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