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The ERA: The Amendment is Just the Beginning

It has been 100 years since the Equal Rights Amendment (ERA) was first introduced as 28.th With regard to the revision of the US Constitution, new interest has recently increased and it is quite close to ratification. why? One reason is that policymakers interpret the Constitution in a way that the current and future Supreme Courts weaken or eliminate constitutional gender equality protection by adding specific protection against sexism to the Constitution. Being more aware of the ban.

To ensure that, a new project to bring cutting-edge research, strategy and legal resources to the fight for gender-based equality launched last month at Columbia Law School’s Center for Gender and Sexuality Law (CGSL). it was done. The Equal Rights Amendment (ERA) ProjectA legal and policy think tank that develops rigorous academic research, policy documentation, expert guidance, and strategic leadership to support ERA to the US Constitution, along with a broader project to promote gender-based justice. It is the idea of ​​the old ERA. Members of the Union Committee, Mercy Sims, Wade Leak, Liz Young. “After the ERA coalition succeeded in making Virginia 38th Being a state ratifying ERA in January 2020, I realized that no law school is currently considering how to interpret the original language of ERA. ” Said Marcy Syms, who chaired the. “To study what ERA means to law, we need our own think tank with the support of a recognized law school.”

That’s why Syms, Leak and Young sought suggestions from Professor Catherine Franke, who founded CGSL in 2004. She immediately agreed, and so did Gillian Lester, the dean of Columbia Law School. “It’s important to include academic expertise covering different disciplines in order to effectively communicate what the ERA should do and what it does,” says Dr. Franke. Since then, a total of six former ERA Union Board members have participated in the project. “And it’s growing with 12 prominent law professors from law schools across the country on our faculty advisory board,” Syms added. These professors advise projects on the meaning and scope of ERA on behalf of major law schools such as UC Berkeley Law School, Duke Law School, University of Pennsylvania, Yale Law School, and Yeshiva University Cardozo Law School. ..

Given that Columbia Law School is well-known as an excellent law school for the study and specialization of gender and sexuality law, “the late Ruth Bader Ginsburg ’59 of the US Supreme Court has a strong bond. It’s a better place because I was there. I went to Columbia Law School as both a graduate and a former professor, “Franke adds. “Therefore, we are honored to be able to create the first and only academic home for ERA-related work at Columbia Law School.”

But women are not the only ones to benefit from ratification of the amendment. ERA prohibits discrimination by multiple forms of gender, including discrimination against men, sexual orientation, gender identity, gender or gender stereotyping (such as discrimination against a person to be male or female to be male). Discrimination in access to health care, including assisted reproductive technology. In essence, the ERA will be the first in the US Constitution to articulate sex-based equality and benefit everyone. “This is not a modification of women’s rights, but a modification of gender equality,” adds Professor Franke.

A brief history of ERA

The Supreme Court was held in 1873 Bradwell vs. Illinois Illinois law prohibiting women from obtaining a legal license did not do it It violates the US Constitution. Three of the judges explained the decision as follows:[t]The natural and proper timidity and delicacy of a woman’s sex is clearly unfit for many professions of civilian life … A woman’s most important fate and mission is to fulfill the noble and benign position of her wife and mother. .. This is the Creator’s Law. 83 US 130, 142 (1873).

1971, Lead v.LeadThe Supreme Court, for the first time, found the Article 14 Amendment to the Equal Protection Clause (no state “must deny equal protection of the law to anyone within its jurisdiction”). did It certainly prohibits sexism. The Lead The case included an objection to Idaho state law requiring that “men must take precedence over women” when appointing real estate managers. The court ruled that Idaho’s law, which makes a clear distinction based on gender, “establishes a classification to be scrutinized under the Equal Protection Clause.” However, the court applied the lowest level of scrutiny to the gender-based classification known as the examination of rational grounds, saying that “the gender differences of competing applicants in the administrative scrivener have a reasonable relationship with the state’s purpose. Is there? ”

1976, Craig v.BorenThe Supreme Court has filed a case of sex discrimination under the Equal Protection Clause of Article 14 amendment. Lead v.Lead..of Craig v.Boren The court applied an intermediate scrutiny to the Oklahoma Act, which imposes a lower drinking age on women than men (the law banned the sale of “non-toxic” 3.2% beer to men under the age of 21, but more. Allowed purchase by a woman (18 years old).

As one of the most important decisions when Judge Ruth Bader Ginsburg appeared in the Supreme Court in 1996, USA vs. VirginiaJudge Ginsburg ruled that “gender-based classifications cannot be used in the past because they create or perpetuate women’s legal, social and economic inferiority complex.” Judge Ginsberg, who refused to justify the Army Military School for all men in Virginia, likened the case to a racially segregated university that did not meet the constitutional requirements of equal protection of race-based law. I did. She concludes, “The Federation has not shown a” very convincing justification “for tax withholding from women eligible for the best training experience of the kind offered by VMI …”. USA vs. Virginia To create de facto The times.

Today’s ERA

When Virginia becomes the 38th state to ratify ERA just a year ago and 3/4 of the state has completed the requirements of the U.S. Constitution (Article 5) to ratify the amendment, it approaches approval of the amendment. That made it possible, but there are still some additional steps left for it to be officially added to the US Constitution as the 28th Amendment. Still, like the ERA project, ERA proponents are already considering what should happen next if it is passed.

The ERA project does not lobby, but develops academic, legal, and policy expertise to support efforts to expand the protection of gender-based equality and justice. “Previously, there were no academic resources to answer questions such as” Why do you need it? ” “What does it do?” Continues Dr. Franke. “It is important to incorporate academic expertise from different disciplines to provide a broad and comprehensive framework for what ERA should do and what it does.”

To inspire equality in all areas, the ERA Project Board includes leaders in a variety of areas, from law to business, politics to social justice.

Susan Bevan He retired from his career as a legal counsel for a Wall Street company and has been a female advocate in a variety of initiatives ever since. As Co-Chair of Republican Majority for Choice, she worked to protect the reproductive health rights of all Americans. Formerly a board member of the Alpha Phi International Fraternity and Foundation, she continues to focus on developing leadership opportunities for women in college. Susan co-produced two independent films with a strong female protagonist. Equity When Acceptable loss..

Near JC Castery After graduating from Spelman College and Columbia Law School ’00, he is currently a senior counsel at Google, leading a team focused on user privacy rights. Nia, Civil Rights Group, Black Googlers Network, [email protected] Throughout her career, Nia has established and led initiatives to enable women and minorities not only access to the law, but also prosper in the practice of the law.

Wade Leak He graduated from Columbia Law School ’89 and is a Deputy Legal Advisor to Sony Music Entertainment. He is the Vice President of the Columbia Law School Alumni Association and acknowledges the school’s achievements in awakening his commitment to pursuing equality for all. He supports many organizations that promote social justice and equal rights.

Marianne Stack Former Communication Director of ERA Coalition. She is a political activist and has helped select female candidates for national, state and local positions. Marianne previously worked for ABC News for 16 years, she won two National News Emmy Awards and produced many stories about women’s issues.

Candy straight A political activist, a retired investment banker, and a movie financier.Candy co-production I’m not a womanERA documentary, executive producer, premiered later this year EquityA movie about women on Wall Street that premiered at the 2016 Sundance Film Festival. Equity Purchased by Sony Pictures Classics.

Mercy Sims He grew up Syms Corp and became the youngest female president of the NYSE company. She is the founding councilor and chairman of the SySyms Foundation and is often involved in philanthropic start-ups. She chaired the ERA Coalition and the Fund for Women’s Equality. She is a writer, an independent director, and is recognized for her outstanding achievements in the field of women’s rights.

Liz Young As a board member of Donor Direct Action, she leveraged her business background to help create funding for front-line women’s rights activists around the world. Liz is a former EVP and Global Head of Communication between Bertelsmann and Sony.

“Getting ERA to the finish line is just the beginning,” continues Professor Franke. National conversation. “

What do you think?

Written by Fem Society

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