Momentum to Pass the Equal Rights Amendment
by Fr. James DiLuzio, C.S.P.
June 18, 2021
Paulist Fr. James DiLuzio

On May 20th, Religions for Peace USA held a Zoom symposium on the issues that warrant religious organizations—from parishes to bishops’ conferences—to urge Congress to pass the Equal Rights Amendment (ERA, Amendment # 28).   Allyson McKinney Timm, Founder and Executive Director of Justice Revival (M.Div. Yale; human rights lawyer) and Ani Zonneveld, Founder and President of Muslims for Progressive Values (Council on Foreign Relations; video series “LGBQTI Rights in Islam”) offered ERA developments’ history (since 1972) and offered sound reasons why Religious institutions support of the ERA will help expand our justice ministries.   Here is a list of the benefits to be gained by passage of the ERA and a response to common misconceptions about the amendment.  

  1. The Equal Rights Amendment will guarantee that every aspect of the US CONSTITUTION and its Amendments specifying “MEN,” “RACE,” and “RELIGION” would apply equally to women and all gender identities because of its explicit wording “rights shall not be denied or abridged on account of sex.”  
    1. ERA ratification would put the USA in compliance with the United Nations Bill of Rights. 
    2. While women receive some regard under the Constitution’s Equal Protection Clause, that protection is based on a lesser standard than that explicitly stated for racial and religious discrimination. 
    3. Previous Supreme Court rulings did not support women in lawsuits against an abusive spouse when restraining orders were violated.  Justice Scalia ruled the Constitution does not apply to the right for restraining orders to be enforced. ERA would change that. 
    4. The Violence Against Women Act 1994 originally allowed women to sue their attackers (from other states) in federal court. This provision was struck down by the Supreme Court in 2000. ERA would change that.
    5. Discrimination against Pregnant Women (including work application/ dismissal) is not yet fully protected due to the Constitution’s vocabulary and individual States’ laws.
    6. Legal scholars assert ERA would guarantee equal pay, bolster counter-domestic violence and sexual harassment suits. 
  1. Promoting the ERA with elected Congressional officials will enhance local religious communities’ commitment to Social Justice and advance many issues such as women, children, and immigration advocacies 
  2. Responses to Arguments against the ERA 
    1. Regarding Women being drafted into the army: Article 1, Section 8 of the Constitution gives Congress the power to raise armies without specifying gender or age limitations. ERA would assure equality in benefits, promotions, pay and recognition for women in the military. 
    2. Regarding Abortion Rights: The ERA cannot and would not impact current laws “pro” or “con”.
    3. Regarding Religious Institutions:  The ERA cannot and would not dictate to religious institutions. 
    4. Regarding the Family: ERA will devalue the family as the central unit in society. 

ERA has more symbolic value in its potential to be applied to existing laws and in the formulating of new laws. Public advocacy will always be required as citizens see fit to enact laws based on democratic and religious values. 

Other Facts

  • USA is one of 18 Nations that does not offer explicit guarantee of gender equality in its Constitution.
  • 32 States have adopted Full Equal Rights; 38 are needed for Congress to ratify a Constitutional Amendment.
  • Ruth Bader Ginsburg’s expansion of the 14th Amendment to include the phrase “on the basis of sex” has yet to be universally applied in all circumstances. State and Federal laws can keep and enforce sexist laws on their books.

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Rev. James Diluzio, C.S.P. leads dynamic parish missions and retreats around the United States and Canada. He is the creator of “Luke Live,” a dramatic proclamation of the Gospel of Luke that includes meditations, discussions, preaching and song.