to do with Abortion
- The legislative history
of the Amendment makes clear that E.R.A. does not apply to
physical characteristics (like pregnancy) which are unique to one
sex. (Senate Report 92-689).
It will have “no effect
on any abortion law of any state.” (Martha Griffiths, chief E.R.A.
sponsor in the House, 117 Cong. Rec. 35302). The Supreme Court
is obliged to follow the clearly stated legislative intent
- The E.R.A. is based on
the legal doctrine of equal protection. The Supreme Court has never
found abortion to be an issue of equal protection or sex discrimination.
Abortion decisions of the Court (eg Roe v Wade, Doe v. Bolton)
have been based on other legal grounds.
- No state with a state-E.R.A.
has been required to change its abortion laws because of its E.R.A.
- Ratification of the E.R.A.
would not prevent passage of a Human Life Amendment. Congress always
has the right to propose later amendments. (U.S. Constitution,
|The Equal Rights
Amendment guarantees equal rights for men and women.
Laws must be able to be applied to both sexes for
such a doctrine to operate. And the plains facts of life are
these: men can’t have babies -- or abortions. There is no way
any ERA can give -- or deny -- men an “equal right” to abortion