The Equal Rights Amendment

YetAnotherCommenter · 2025-08-26T06:01:52+00:00

The ERA, if it is passed without the Hayden Rider (an amendment to it which explicitly, in exact words, protects historic female privilege), might be positive.

However, as a matter of American constitutional law, you can fairly argue that the ERA is already implied in the 14th Amendment's Equal Protection Clause. There are even leading Textualist/Originalist scholars (often considered conservative) who argue that the 14th Amendment, correctly understood, already forbids sex discrimination.

63daddy · 2025-08-26T16:37:18+00:00

A law is only as good as it’s enforcement and interpretation.

Consider that Title IX, bans discrimination regardless of sex, yet it’s largely only enforced one way. If slightly more men go out for athletics, it’s considered unfair and needs to be corrected, yet aerobics, palates, yoga etc being 95% female is fine. More men going into some STRMS is discriminatory, yet most majors being female dominated isn’t. Offering many female only scholarships has been mostly tolerated.

Many of the anti-male laws already violate the non discrimination clause of the 14th amendment, yet they continue unchallenged.

So, I think if the ERA were passed, discrimination against men would continue to be justified or ignored just as it is with other non discrimination policies.

SidewaysGiraffe · 2025-08-26T15:10:17+00:00

You mean the 14th? We already have that. The legal disparities didn't go away.

CommodoreGirlfriend · 2025-08-26T23:09:12+00:00

Maybe it would have in the 70s. I think it wouldn't be enforced evenly today, like anything else.

Title	The Equal Rights Amendment
Author	Spare_Freedom4339
Upvotes	23
Comments	7
Date	August 26, 2025 4:46 AM UTC (11 months ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/1n0crkg/the_equal_rights_amendment/
Archive Link	https://theredarchive.com/r/MensRights/the-equal-rights-amendment.1560502 https://theredarchive.com/post/1560502

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