By: Mark Glennon*
Around two-thirds of Americans weren’t even alive in 1972 when Congress proposed the Equal Rights Amendment and sent it to the states for ratification, stipulating that ratification had to be completed within seven years.
Ratification by the 38 states needed to amend the Constitution did not happen by that deadline.
Yet, somehow, ERA proponents think states that ratified it as late as last year, as Illinois did, should still be counted and the amendment should become part of the United States Constitution.
Illinois Attorney General Kwame Raoul is leading the charge. He and the Nevada attorney general last week made oral arguments in an appeal of their lawsuit asking the federal government to acknowledge the ERA as the 28th Amendment to the U.S. Constitution. The ERA guarantees equal rights for all Americans regardless of their sex.
Raoul is also touting his support for the ERA in a TV ad for his reelection in November.
The ERA would provide that “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”
“Wait,” you might ask, “don’t we already give equal rights regardless of sex?”
Yes, we do, and long have. That’s among the reasons why Raoul’s lawsuit is just political theater. New statutes and interpretations of the Equal Protection Clause over the last 50 years accomplished everything the ERA would likely be interpreted to mean, if not more. As America’s leading, feminist jurist, the late Ruth Bader Ginsberg, said 25 years ago, “There is no practical difference between what has evolved and the ERA.”
Ginsberg also said often that, because so much time had passed, ERA proponents would have to start over again with state ratifications if they wanted to pass it.
Even far left Slate recently called the ERA “the most absurd ‘solution’ to America’s assault on women.” The current Supreme Court would never approve the late state ratifications, as Slate sees things, and, even if it did, it would not interpret the amendment any more broadly than current law already provides.
The Biden Administration’s Justice Department is also an obstacle to the amendment becoming effective. To become law, the amendment has to be certified and published by the U.S archivist, who earlier refused to do so. It’s that decision that Raoul’s lawsuit seeks to overturn, but it’s the Justice Department that is on the other side.
However doomed the ERA may be, Raoul may be right about its theatrical value. For whatever reason, the ERA maintain’s symbolic appeal that seems especially important to many educated women who comprise much of the Democratic base. Ginsberg was also among those who hoped it would become law for symbolic reasons, after the states started over with ratification.
Raoul is no stranger to using his office for causes that appear to have political value only. Go through his press releases from his first two years as attorney general, while Donald Trump was in office, and you will find at least 20 actions initiated by his office that appear to have had little value beyond demonstrating contempt for Trump.
In a state buckling under violent crime and political corruption, there are better things for the top legal official to be doing.
*Mark Glennon is founder of Wirepoints.
This column was updated to delete an image of legislators that was incorrectly associated with ratification of the ERA.
Audio and summary 
If this bill passes, say goodbye to local control over all Illinois parks and expect to see open drug and alcohol use, needles, no sanitation and fire hazards, but no ordinary park users.
What is a woman?
I guess when your current ideas are so disastrously and obviously awful, it makes sense to look to your old bad ideas.
Just what is “America’s assault on women?” And I’m not denying that there is violence perpetrated against woman by individual criminals and abusers.
You are correct. Pritzker needs to implement a law making it illegal to carjack women. That will fix the bad guys and protect the women.
This explains a lot: Nevada has a constitutional amendment regarding ERA (Question 1) on this year’s ballot. This is simply Kwame glomming onto someone else’s work.
https://thenevadaindependent.com/article/indy-explains-what-is-question-1-on-the-2022-nevada-ballot-or-the-equal-rights-amendment
“gender identity” is the action in the new proposed law…
Many people nationwide are doing the right thing and leaving the Dem/blue states. They know the fight is lost in their state, so they are taking a stand. They refuse to participate in the endless immorality and corruption. They are setting an example for their families and others. Wirepoints, do your readers a favor and just say, “Illinois deserves to die a painful death. Residents that stay in Illinois and give their taxes to those killing the state are complicit. It’s time to leave Illinois simply because it’s the right thing to do.” I suppose that level of honesty would… Read more »
what is amazing to me is that those who stay just roll over and let the state stick it up their rectal cavity and then charge you for it. I went back to IL a couple weeks ago to attend a wedding. Everyone agrees it’s bad but nobody will do anything either to help the state or help themselves. I mean they are beat down! When I tell them the price of gas, the cost of real estate taxes, the price of cannabis, they ALL just glaze over and are in disbelief. How can real estate taxes be that cheap?… Read more »
Aaron, I’m not a smoker, but I get your point. Illinois residents are under constant attack by the greedy ultra-liberals trying to solidify their power. They are either too lazy to move or think it’s the same in all the other states. Whether you use the term “stupid” or “ignorant”, or “lazy”, the people of Illinois deserve their fate.
The price of cannabis? Ha, ha! There’s an issue that should move a lot of slackers.
42% of the population of Oklahoma have their med card. There is a med card in 68% of households here in Oklahoma. Don’t believe me. Look it up. OKlahoma medical marijuana authority. That’s a lot of slackers.
The Democrats are in serious trouble and need every stunt and gimmick imaginable to boost turnout of their nutcase base
Back in 1972 there were only two sexes: male and female.
Ahh, the memories … simpler times.
The entire purpose of the ERA was to protect the Democrat Party Death Cult’s most sacred rite — the blood sacrifice of unborn innocent babies. ERA is legally dead and needs to stay that way.
Well Old Joe was alive in 1972……
Mark- I may be mistaken but this photo seems to be the same one when the abortion laws were passed. I know the same women cheered when that took place.
Thanks Freddy. You are right. I deleted that image and marked the story as updated.