Significant national legislation relating to rape, sexual abuse, domestic violence, early or forced marriage, discrimination in inheritance, marriage and property rights, among others, have been enacted to protect women’s rights, empower them in society and enhance their mental health and well-being.
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For reasons related to their weak socio-economic positions, women rely on the law and its enforcement. Many countries have sought, through constitutional and other legal instruments including labour codes, to prohibit discrimination on the basis of sex or to proclaim equality between women and men as a fundamental human right. However, certain classes of workers, such as domestic workers, agricultural workers and those engaged in small enterprises or family undertakings, are often excluded from the scope of application, and women predominate in these categories.
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Early feminists sensed this: they were strong opponents of protective legislation. They knew that as long as the princess was protected from the pea, women would be deprived of equality. The modern-day woman’s ‘pea under the mattress’ is the rough spots in the workplace. When today’s feminists are proponents of protective legislation, they oppose equality. Sexual harassment legislation is sexist because it makes only the man responsible for the male role in the sexual dance.
Twenty-six U.S. states, including Utah in Article IV, §1, and the majority of countries around the world, formally protect women in their respective constitutions. The U.S. Constitution does not. The lasting need for the ERA is more clear now than ever. Women have no anchor in the U.S. Constitution. Currently, when the U.S. Supreme Court reviews a case under the 14th Amendment’s equal protection clause, laws that discriminate on the basis of gender do not get the highest level of protection that other classes do, like race or religion. In effect, this means it’s easier to pass and keep sex discriminatory laws on the books. Laws we rely on to protect us, like Title IX and Title VII, are on the chopping block. Ratifying the ERA would finally place women’s rights permanently in the U.S. Constitution at the highest level, and will help protect all marginalized genders and families.
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