Here’s why Equal Protection may not protect everyone equally

[ismnotwasm]

1. That last paragraph is indeed a zinger

Instead of asking whether discrimination is based on race or gender, we should ask whether it serves the same purpose as those kinds of discrimination do — further subordinating a group that is not in a position to prevent such subordination. It becomes less important, then, whether we understand the experience of black women, or pregnant women, or Spanish-speaking Latinos, as one based on “race” or “gender,” and more important that we understand the ways in which the various forces operating on such individuals contribute to their oppression.

I wonder if we had an ERA amendment if it would be a legal stepping stone to address this? One of the unspoken, at the time, reasons for its defeat was the fear it would open the doors for Gay rights.