The Unpassed ERA Amendment: What Would Happen If It Were Ratified?
In discussing the ratification of the Equal Rights Amendment (ERA), it is crucial to recognize that it has not been part of the U.S. Constitution since 1979. However, for the sake of intellectual exploration, let's imagine the potential consequences if this amendment were to be ratified.
Unnecessary Legislation?
Some might argue that including this amendment is unnecessary, as women already have equal rights under the law in the United States. Indeed, the 14th Amendment already addresses many of the fundamental principles the ERA seeks to promote. Nevertheless, other aspects of the ERA could have significant and far-reaching effects.
Consequences of Ratifying the ERA
If the ERA were ratified, several key areas would be impacted.
Conscription and the Draft
The ERA would enforce the equal registration of both men and women for selective service, potentially leading to mandatory military service for both genders. This would challenge traditional notions of gender roles and could significantly alter the defense sector, possibly leading to a more inclusive approach to national service.
Marriage, Divorce, and Alimony Laws
Currently, many states still have laws that provide preferential treatment in marriage and divorce, often favoring men. The ERA would potentially eliminate many of these laws, giving courts the power to review any gender-specific laws. This could include the possibility of eliminating laws regarding alimony, which are often gendered.
Impact on Social Security Benefits
The ERA could also affect the widows' and wives' benefits provided under Social Security. In its current form, the ERA would attempt to modernize these benefits, but it could also lead to significant changes in traditional support structures that currently benefit women.
Gender-Neutral Facilities and Education
One of the most controversial aspects of the ERA is its potential impact on educational and societal structures. For instance, it could lead to the elimination of separate facilities such as locker rooms and showers. While this might sound progressive, it could also lead to significant logistical and privacy issues, as well as other unintended consequences.
Impact on Sports
The implications of the ERA extend to the realm of sports as well. Currently, there are separate men's and women's high school and college sports programs. The ERA would likely deem these programs unconstitutional, leading to changes in how sports are structured and managed. This could result in a single, gender-neutral program that may not address the different physical strengths and abilities of men and women.
Conclusion
While the ratification of the ERA might seem like a straightforward move towards gender equality, it could have far-reaching and sometimes unforeseen effects. These include changes to national service, family law, social security benefits, and societal norms. It is essential to consider these potential consequences before moving forward with any constitutional amendment.