POL 330N Week 7
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Chamberlain University College of Nursing *
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330N
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Political Science
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Apr 3, 2024
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docx
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Option 1: The Equal Rights Amendment (ERA)
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Option 1: The Equal Rights Amendment (ERA)
The Equal Rights Amendment (ERA), proposed nearly a century ago, represents a pivotal
effort to secure equal legal rights for all American citizens, regardless of sex. Alice Paul, a leading women's suffrage activist, championed the ERA to correct persistent gender-based legal inequities in the US. According to Cohen and Codrington (2020), its implementation in 1923 was
a major step toward gender equality, and to provide equal legal protection for all genders, the ERA banned sex-based discrimination. Congress passed the ERA in 1972, but it needed more state ratifications by the deadline, putting its constitutionality in doubt. However, the Equal Rights Amendment and Fourteenth Amendment prohibit discrimination, but their goals vary (Greenberg & Page, 2018). The Equal Rights Amendment ensured legal equality for all citizens regardless of gender to prevent gender discrimination, while the Fourteenth Amendment expanded equal protection to include race and sex.
Regarding comparison, Equal protection and civil rights were addressed in the Equal Rights Amendment and Fourteenth Amendment. Chapter 15 discusses how the Fourteenth Amendment guaranteed equal protection under the law, but only for ethnic minorities (Greenberg & Page, 2018). The Alice Paul Equal Rights Amendment, mentioned by Greenberg Page (2018) in Chapter 16, attempted to outlaw sex discrimination by ensuring legal equality. Additionally, the ERA would have provided a clearer constitutional mandate for gender equality rather than relying on judicial interpretation of the Fourteenth Amendment to include sex-based classifications, as covered in Chapter 15, because the ERA addressed gender discrimination, the modifications addressed distinct themes (Greenberg & Page, 2018).
The Equal Rights Amendment and Fourteenth Amendment addressed separate civil rights
principles, although they had certain commonalities. The Fourteenth Amendment, passed after the Civil War, guaranteed the rights of formerly enslaved people through its Equal Protection Clause and protected all citizens. In contrast, Alice Paul's Equal Rights Amendment explicitly guaranteed women's equality under the law by prohibiting sex-based discrimination (Greenberg & Page, 2018). The Fourteenth Amendment, part of the Constitution, provides binding legal protections for citizens, while the unratified Equal Rights Amendment does. Thus, although both amendments addressed civil rights concerns, the Equal Rights and Fourteenth Amendments addressed different legal conceptions and safeguards (Cohen & Codrington, 2020).
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