Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

niyad

(112,424 posts)
Thu Jul 3, 2014, 09:21 PM Jul 2014

the courts will protect our rights--women don't need the ERA or any kind of legislation.

Who here besides me remembers being told that time and time and time again back in the early days of the current women's movement? That was one of the big arguments against the ERA, against legislation aimed at overturning discrimination, etc. THE COURTS WILL PROTECT YOUR RIGHTS.

didn't believe it then, and most certainly will NEVER believe it of the courts in this land.

10 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
 

betterdemsonly

(1,967 posts)
1. I think this is the source of most of our current griefs
Thu Jul 3, 2014, 09:32 PM
Jul 2014

It has become the last thing anyone is willing to hold the dems to account on.

cally

(21,589 posts)
2. I was just remembering the arguments against the ERA today
Thu Jul 3, 2014, 09:34 PM
Jul 2014

and guessing that these court rulings would not exist if we had succeeded in passing the ERA

freshwest

(53,661 posts)
5. Only those living in a time capsule since the Warren court believe that.
Thu Jul 3, 2014, 09:58 PM
Jul 2014
Of course, the GOP believed it too and determined to make sure such decisions could never be again.

littlemissmartypants

(22,417 posts)
6. My country doesn't see me as a full citizen.
Thu Jul 3, 2014, 11:58 PM
Jul 2014

I am a patriot and am working my corner as hard as I can to turn this around. I shall not be moved.

KT2000

(20,544 posts)
7. I sure do remember that
Fri Jul 4, 2014, 12:01 AM
Jul 2014

the refusal to pass the ERA is simply to be able to deny rights - for whatever excuse.

KauaiK

(544 posts)
8. Oh niyad...I do and I remember a war of Letters w/ Phyllis Schafly...
Fri Jul 4, 2014, 12:02 AM
Jul 2014

The Equal Rights Amendment was something so basic. The onslaught of negative, dire consequences by Schafly and her cohorts still riles me after all these years.

 

Jim Lane

(11,175 posts)
9. If you mean Hobby Lobby, the ERA would have had no effect.
Fri Jul 4, 2014, 04:17 AM
Jul 2014

The ERA would not have prohibited sex discrimination. It would have prohibited sex discrimination by government. It would have had no effect on discrimination by private companies.

Consider the example of the Equal Protection Clause. From its inception, it was interpreted as barring racial discrimination, because it was enacted as part of the Civil War Amendments that addressed the situation of blacks post-slavery. It was on that basis that, in 1954, the Supreme Court held that racially segregated public schools were unconstitutional. Nevertheless, racial discrimination by private entities -- in employment, in housing, even in serving black customers at a barbeque shop -- was still legal in many states. It wasn't until the Civil Rights Act of 1964 that such private racial discrimination became illegal.

Hobby Lobby did not involve discrimination by government. It involved discrimination by a private entity that government did not use its power to prevent. As the example of race shows, government inaction in such circumstances is not unconstitutional.

MADem

(135,425 posts)
10. I was a strong (and loud mouthed, in some venues) advocate for the ERA.
Fri Jul 4, 2014, 04:14 PM
Jul 2014

I never, not once, thought that any court of mostly males (and back when that argument was being made, most judges were male) could be relied upon to possess an understanding and appreciation of the needs of females, without issue or without fail.

It's like the fox watching the henhouse!

I still think we need the ERA. I'd love to see it become law.

Latest Discussions»General Discussion»the courts will protect o...