You may or may not know, but the legal system of the USA is quite the maze to navigate. There are amendments, laws, the supreme court, state and county courts, different laws for different states…it is a lot to take in. But I would like to talk about a part of it that has just come to my attention.
Let us go back, way back – June 8th, 1866 in fact. In response to the American Civil War and the emancipation of slavery, US President Abraham Lincoln brings into effect something called the 14th Amendment. In case you are not familiar – it reads as follows:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Essentially it means the rights of each citizen are protected by the laws of the United States. But are they? The 14th Amendment is the most referenced part of the US constitution during supreme court cases and has been used to allow the legalisation of things such as same sex and interracial marriage.
Now for the annoying bit. Despite same sex marriage (which I am all for!) becoming legal in 2015 and recognised under the 14th amendment – gender equality was not covered by the amendment until January 2020…I will wait while we all roll our eyes and collectively pick up our jaws from the floor.
“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”
Section 1, Equal Rights Amendment
The Equal Rights Amendment seeks to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters. Before the ERA, the first — and only — right that the U.S. Constitution specifically affirms equally for women and men is the right to vote. To say I was shocked when I found out about this, is an understatement. The ERA was first introduced in 1923 – meaning it took 97 years for this to be passed officially into US law. Now we know progress can be slow when it comes to equality but in a country that carried out its first gender reassignment surgery in 1952 – why did it take America so long to recognise men and women as equal?
Hopefully, the recent passing of ERA can enable the female population of the USA to take steps towards what the pledge of allegiance promises:
“One nation, indivisible, with liberty and justice for all.”
Pledge of Allegiance, United States of America
Comments