Why the Equal Rights Amendment Belongs in the Constitution: A Comprehensive Examination

Many argue that the Equal Rights Amendment (ERA) is unnecessary and vague, suggesting that the Bill of Rights already covers similar principles. However, the underlying message of equality and justice is essential. This article delves into why the ERA is important and what changes it could bring to our society and legal framework.

Legislative Intent and Historical Context

The original intent of the ERA was to ensure equal treatment of women in the workplace, aiming to break down the 'glass ceiling.' Yet, years of progress have already seen significant strides, making this goal largely achieved. The notion of 'equal' in legal and constitutional terms, however, remains a complex issue.

The Definition of 'Equal'

The term 'equal' in terms of rights and treatment is often misunderstood. To many, it simply means being treated the same as others in law. The ERA, while potentially vague, aims to address specific areas of discrimination and ensure that no individual is denied their rights based on arbitrary factors like gender, race, or religion. This goes beyond general principles and seeks to implement specific protections.

The Constitutional Implications

Defeating the ERA in the past highlights the risks of allowing too much discretion in defining 'equality.' A constitutional amendment, by its nature, must be clear and enduring. The ERA could serve as a foundational document that limits the scope of legal disputes and ensures clarity in future interpretations.

Proposed Text and Future-Proofing

Article I: Equal Treatment of All Individuals

All Humans

Article 1: Treating each person as an inherent part of the universal human community and providing equal rights and obligations under the law without discrimination based on age, gender, race, ethnicity, religious beliefs, lack of religious beliefs, sexuality, gender, mental status, presence of illness, marital status, occupation, or any other distinguishing factor, real, perceived, or affected.

Non-Humans

Article 2: Non-human entities, including artificial intelligence, robots, and other digital beings, are not entitled to human rights, except in cases where medical science has advanced to the point of transferring the cognitive functions of a human brain into another physical form, where the continuity of identity is preserved.

Beings Not From Earth

Article 3: Extraterrestrial life forms arriving on Earth would have the right to be voted on for rights. This process would be repeated every five years until a decision is made on their rights status. Such a decision would be made by the citizens of the United States, ensuring direct democratic input.

Restoration of Rights of Felons

Article 4: Individuals who have been deprived of their rights based on felony convictions would automatically regain those rights after a five-year and one-day period. Efforts to restore rights for all felons, regardless of gang membership or affiliation, will be required, and funds will be allocated to ensure the process is accessible and fair.

Conclusion

The Equal Rights Amendment, while controversial, offers a way to ensure that future generations face fewer legal barriers to equality and justice. By future-proofing the amendment, we can ensure that its provisions remain relevant and enforceable, promoting a more equitable society.

Keywords: equal rights amendment, constitution, constitutional amendments

Related Keywords: gender equality, legal rights, civil rights, constitutional law, discrimination prevention