Analysis of the Necessity of Ratifying the Affirmative Rights Amendment for Gender Equality

DOI

10.2991/978-2-38476-128-9_35How to use a DOI?

Keywords

Gender equality; Equal Protection Clause; Fourteenth Amendment; the U.S. Constitution

Abstract

This article argues for the ratification of the Equal Rights Amendment (ERA) to ensure gender equality and prevent sex discrimination. While the Fourteenth Amendment’s Equal Protection Clause offers a level of equality, it lacks specific provisions for sex discrimination, resulting in less rigorous scrutiny. The ERA aims to establish gender equality as a fundamental right, prompting more stringent examination of sex discrimination cases and resolving inconsistencies in current judicial review standards. Through a comprehensive literature review and formal analysis, this article delves into the necessity of constitutional protection for fundamental rights and problematic classifications. The author states that the ERA’s ratification will urge immediate actions to address the inadequacies of existing laws and establish clear guidelines for handling sex discrimination cases. Furthermore, the article tackles the uncertainties surrounding the current judicial review standards and underscores the ERA’s pivotal role in ensuring consistent judicial protections against sex discrimination. By ratifying the ERA, this article concludes that the ERA’s ratification is necessary guarantee gender equality and protection from sex-based discrimination. It would solidify gender equality as a fundamental right, eliminate inconsistencies in the current judicial scrutiny standard, and provide a permanent framework for addressing gender discrimination cases. Ratifying the ERA would relieve the burden on the judiciary and ensure a consistent level of scrutiny protecting against gender discrimination.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yuyang Gao
PY  - 2023
DA  - 2023/10/15
TI  - Analysis of the Necessity of Ratifying the Affirmative Rights Amendment for Gender Equality
BT  - Proceedings of the 2023 3rd International Conference on Modern Educational Technology and Social Sciences (ICMETSS 2023)
PB  - Atlantis Press
SP  - 298
EP  - 304
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-128-9_35
DO  - 10.2991/978-2-38476-128-9_35
ID  - Gao2023
ER  -