Responses to Arguments Against the Equal Rights Amendment

Abortion:  

• “ERA has nothing to do with abortion” and “pro-life and ERA “do not conflict” (Rep. Steve Andersson of Illinois, a Republican, practicing attorney, and lead ERA supporter)
• Ratifying a federal ERA will not change state law at all; so, it will not lead to any change in state laws relating to abortion. (Winston & Strawn LLP law firm)
• “Over 300 pro-life laws passed in the last 8 years – most in states that voted for ERA” (Rep. Jill Tolles of Nevada, pro-life Republican who spoke in support of the ERA ratification)

Fear of Losing Rights for Women:

• “I surveyed the past 45 years after 41 states had some form of ERA. Many of the fearful consequences have not nor will they occur.” (Rep. Jill Tolles)
• Issues presented by conservative family coalitions around transgender and same sex bathrooms are not connected to the ERA. Rep. Steve Andersson states “none of which would happen under ERA and I can prove it to you.”
• The government would still be able to draw a distinction based on sex if it passes “strict scrutiny”. Most of the laws we think of as benefiting women like social security regulations, estate laws, laws requiring child and spousal support are actually already sex-neutral. (Winston & Strawn)

Women already have enough protections

• The 14^th Amendment and the 5^th Amendment do not apply to sex in the same way they apply to race or national origin. The result is that sex discrimination is viewed less strictly than other discriminatory acts (Winston & Strawn)
• The US Constitution does not guarantee equal rights for women. The late Justice Scalia has stated, “Certainly the Constitution does not require discrimination on the basis of sex. The only question is whether it prohibits it. It doesn’t.”

Republican Voices

Jill Tolles: Her vote for the ERA was made out of “gratitude and respect for countless others who fought for women to have an equal voice and equal value and for my daughters and the generations to come.”

 

Rep. Jim Durkin, Republican leader in Illinois legislature: Changed his vote to support the ERA because “I couldn’t do it to my daughter.”

 

Rep. Steve Andersson: “Republicans have to find areas that are good social advances.”

 

 

Compiled by Ann Von Brock, ERA-NC Alliance, 2019

Sources:
– Written Copy of Speech by Jill Tolles, 2017
– Public Speech by Steve Andersson to Arizona ERA, https://www.youtube.com/watch?v=ftKIF9cV800&t=9s&fbclid=IwAR2JWhVSfIQrEYfSDbWfi9DKQUeS-RAFSBdk6r9c5CbVRIaf6MgQljEHXW4