While at a quick glance the ERA seems like a good thing, it is fraught with danger due to its removal of any legal distinction between men and women with its broad and rigid language. The ERA states: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” It conspicuously lacks any language that provides for reasonable exceptions. Instead, its inflexible language could potentially invalidate any law that recognizes the inherent differences between the sexes including many affirmative action programs such as the Small Business Administration programs for women owned businesses.

The fear that any reasonable legal distinction would be removed is not merely a matter of speculation, but has been realized in states that have adopted an ERA similar to that proposed for the U.S. Constitution.

In the 18 states that passed state Equal Rights Amendments, we have not seen any benefit for women. Instead, court cases prosecuted under the state ERAs have shown that women were harmed.

Examples include...
1. the Supreme Court of Washington state cited their state’s ERA in ruling that all schools must open their sports teams to both sexes.
2. the New Mexico Supreme Court held that because of the state’s ERA the state must pay for abortions under Medicaid.
3. Pennsylvania’s Supreme Court invalidated sex-segregated sports policies, including contact sports, citing the state’s ERA.
4. Under Pennsylvania’s state ERA, a father was exempted from providing primary support for his minor children, AND a husband’s legal responsibility for his wife’s hospital and medical bills was nullified.
5. In Maryland, the court held that under the state ERA, a husband could no longer be required to support his dependent wife.

Additional dangers inherent in the rigid language include things such as increased cost of auto insurance for women as their rates would have to be the same as for men whose risk factors are higher.

In its present form because of its rigid and inflexible language, there would be many such unintended consequences if the ERA were to be added to our constitution.

The claim that the ERA would guarantee equal pay for women is already accomplished in both Federal and State law.

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