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(Almost) 100 Years of the Equal Rights Amendment

2020-02-10 | 🔗

The first version of the equal right amendment was first proposed almost 100 years ago. This amendment has been through cycles of support and opposition, but one thing that’s held true is that the loudest voices on both sides have been women.

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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
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it and centuries. We ve been looking at Ursus at their work and research in their science. But we haven't really been seeing them see you available wherever you get my guests welcome to stuff you missed in history class. The production of I hurried used how stuff works. Cologne, welcome to the body ass, I'm Tracy, listen, ten, I'm howling fry in January of this year, which is twenty twenty here, listening to all back episodes at some point in the future, Virginia became a thirty eight state to ratify the equal rights amendment and that the number of states that are needed to add that amendment to the? U S constitution so when a recording this that's really recent news, but the effort to this amendment or one like it to the constitution, has been going on for a really long time, a different view
Some of it was first proposed. Almost a hundred years ago- and it was reintroduced in every congressional session- between one thousand nine hundred and twenty three and one thousand nine hundred and seventy two and found this amazing statistic: out. Ten percent of the constitutional amendments that have been proposed in Congress, have been the equal rights amendment or something related and the where'd you get it ratified, have gone for almost fifty years Virginia. in the thirty eight states ratify just a few weeks ago, but the deadline to do that past decades ago. As has just been said, bring for so long. This amendment has been through cycles of support and opposition. But one thing that has held true is that the loudest voices on both sides have been women. So that's the story. We're gonna tell today the? U S constitution is the Supreme LAW of the United States. It sets up the framework for the nations government. and it also establishes a set of fundamental rights. The content,
You should also includes a process for how to make changes to it, which is in article five, unless two thirds of the state call for a constitutional convention. This starts in Congress with proposed amendments requiring two thirds of both. This I and the House of Representatives to vote in favour forgetting that approval amendments have to be ratified by three quarters of the states for the time. This also happens through voting in the state. Legislatures Nancy we been not through voting one time and that's when prohibition was repealed so getting two thirds of Congress and then that legislators of three quarters of the states to all agree on something is pretty challenging, and that is on purpose. The framers of the constitution recognise that it was a work in progress and that the world changes, so there needed to be a way to change the constitution, but it had also,
in a lot of work to get the constitution written and ratified in the first place, and a lot of that negotiation was really built on the idea that the next wave of legislators wouldn't be come in and rewrite whole thing on a whim. The framers also thought that, if changes to the king, institution were too frequent or to massive. It would lead to all kinds of social and economic and political instability and possibly just threatened. Entire thing As of when we are recording this, the constitution twenty seven amendments, and neither the main body of the constitution nor any of the amendments specify that: U S, citizens have equal rights, regardless of their sex, the fourteenth. Meant, which was added after the civil war, does include an equal protection clause which Is that no state can quote denied me person within its jurisdiction the equal protection of the laws, but when
The amendment was drafted. It rested on the assumption that there were two classes black and white, who should have equal protection under the laws it has. We been in relatively recent years that the Bream Court has interpreted the fourteenth amendment as applying you other races or ethnicities or to sex or gender, the effort Equal rights amendment to the constitution started just after the ratification of the Nineteenth amendment. That amendment reads quote the right of citizens of the United States too. I shall not be denied or a bridge by the United States or by air, state on account of sex Congress shall have the power to enforce this article by appropriate legislation.
National women's party had been established in the nineteen teams to fight for women's suffrage, including fighting for this amendment, and then after the Nineteenth amendment was ratified. On August eighteenth, nineteen, twenty, the mw p turned its attention towards a new amendment, and that was one that would guarantee equal rights between the sexes in general, not just for voting members of the UN. W P proposed various wording in the version that was presented to Congress in nineteen. Twenty three was written primarily by Alice Paul and Crystal Eastman. They call the MOT amendment in honour of Lucretia MOT. It was injured by Senator Charles Curtis in representative Daniel Anthony Junior, who was Susan, be Anthony's, nephew Joe. resolution on this was introduced on December. Twenty third nineteen, twenty three in red quote, resolved by the Senate and the of representatives of the United States of America in Congress assembled two thirds of each house concurring therein that the following
article is proposed as an amendment to the constitution of the United States, which shall be valid to all intents and purposes of part of the constitution when ratified by the legislatures of three fourths of the several states men and women shall have equal rights throughout the United States at every place. Subjects to its jurisdiction Congress shall have the power to enforce this article by appropriate, legislate. introducing a joint resolution is just the first step in the process of amending the constitution. A joint resolution- is a bill and before a billions voted on, it goes to a committee which can reach the matter discussed and make changes. The can. The can then send the revised bill to the House or the Senate for further eight and discussion or they can send it to us the committee for yet more research. It's only after both the House and the Senate that have actually debated and voted on the joint resolution and passed it by a too its majority that it goes.
states for ratification, so whims Curtis unrepresentative Anthony introduce the joint resolution on the equal rights amendment. Nineteen twenty three it was voted arm or sent to the states for ratification. At that time it went to the House and Senate Judiciary committees and stayed there. It's easy to imagine that what happened next was almost fifty years of bogged down bureaucracy or legislative foot dragging over what seems A pretty basic question of other citizens of the United States have equal rights, regardless of their sex. But really the women's movement was divided over. This amendment legislate were hearing from constituents who oppose this amendment before it was even introduced in a lot of opposition came from women remit. This more after. We pause for a sponsor break nets we'll early in the chauffeur break we now we want to keep all this part together. Here. thing, saving money with Geico was almost better than playing pick up basketball
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is that a woman should be able to pursue any vocation that she chooses, they ve been more likely to support the amendment, but were of whether those opinions have been rooted in religion or biology or in some other factor. It has never been only about this kind of ideology and the Big a lot of women's opposition to the amendment, was because of labour rights and specific it's that women were afraid they were going to lose. If the amendment passed between about one thousand eight hundred and ninety and one thousand nine hundred and twenty working women had lobbied for and won a number of workplace protections in many states included minimum wage laws, maximum our laws and law prohibiting women from being assigned to overnight shifts or dangerous work these laws applied to women. Only men were not perceived as needing this kind of protection. The- U S Supreme Court had issued decisions supporting the idea that these kind of laws were constitutional for it.
Above all, there was its nineteen o eight ruling in Mahler, Verses, Oregon and Oregon at that It was illegal for women working in factories to have a work day that was longer than ten hours curtain, or who owned a laundry business was fined when he violated that law. He took the matter to court. The question before the Supreme Court was their organs. Law violated the fourteenth amendments, equal protection clause and the court's opinion was that no, it did not because women their children and we're socially expected to raise and care for those children. It was within the states interests. limit their hours at work. I do want to point out that Not every woman can or does want to be children and raise them but like that, was the court's argument- labour farmers thought correctly that if the Mont Amendment were added to the constitution, types of laws would be abolished, stripping women of protection that they had worked to secure and the women
most likely to be affected didn't feel like the National Women's party was listening to or understanding their concerns about, that in the words of Melinda Scott of United Textile Workers, the end of p quote die. not know what it is to work, ten or twelve hours a day in a factory, so they do not know what it means to lose an eight hour day or a nine hour day, law the working women do no. Conversely, a lot of members of the UN, the were pretty affluent, highly educated women. Most of them are many either worked in more prestigious fields or didn't need to work at all. Alice Paul was the daughter of a wealthy business men who had a bachelors degree from Swarthmore College. She had a masters degree from what's now Columbia University and a Phd from the University of Pennsylvania Crystal Eastman was the
or of two ministers than she gotten degrees from Vassar and Colombia before getting a law degree from the New York University LAW School in the view of the enemy, p and other supporters of the Mont Amendment. These protection area laws were not really protecting women. They forcing women to stay in rules where they had to have a man support to survive. Women were helped out of more lucrative work if it was perceived as dangerous they couldn't advance in the workplace because of the restrictions on their shifts in ours. and the very idea that women needed protection through these kinds of laws reinforce the idea that women were not as capable as men, although labour organisations were a big part of the opposition to the Motto amendment women's lives. protections also went beyond the workplace. Most states habit as on the books that required a husband and father specifically to provide for his wife and children, women but not man were entitled to alimony after a divorce, and there are also
firms about what this amendment could mean for men, that, if employers and pay women less? They would have to pay men less in order to make things equal here so in nineteen, twenty four pamphlet outlining arguments for and against the amendment some dollar this up arguments for the amendment were written by Alice Paul who wrote that the amendment would be more in. Save more permanent and more dignified than individual state legislation. On the subjects she wrote quote the men will win for all women. Equal control their children equal control of their property equal. Could of their earnings. Equal right to me, contracts, equal citizen, ship rights. Equal heritage rights, equal control of national state and local government equal operator It is in schools and universities, equal for in government service, equal, opportunities in professions and industries. Equal pay for equal work are
it's against the amendment in this brochure came from Benjamin Loring Young of the Massachusetts House of Representatives. He noted that there were states that need work in the area of women's rights, but he objected to the equal rights amendment becoming the Supreme LAW of the land quote. Under the law in Massachusetts, women here have many rights not accorded to men. The amendment would destroy these rights. It would lie down as well as level up the legal obligation of the husband to support the wife would be nullified when the criminal statutes and divorce laws. Based upon this right, too, we would no longer be enforced law does not contain any reciprocal provision compelling the wife to support the husband such rights. And obligations must be made identical under the theory of equal rights or they cease to exist. Young went on to detail many of the other protections that we have already mentioned. Before. Continuing quote. Each woman
potential mother must be safeguarded against over stream and not regarded merely as an economic union, More generally, he argued that the amendment would raise quote thousands of difficult legal questions in every state which would completely overwhelmed. The legal system. I like how his statement objects tat idea. Regarding women merely as an economic unit, but really doesn't have a proper regarding women as potential mothers and having Babby, you, like the definition of the term well, that's because he was making a case of motherhood was more valuable. I now, but with a choice that Adieu dismay, gave their problems So anyway, aside from this debate about whether the amendment would really make things better for women. There was also another thread to this discussion among people who oppose the amendment, and now is the fight for women's suffrage was not really over. Yet, although the Mai,
amendment had not made any distinctions based on race. In practice, many states had implemented discriminatory voting laws that made it far more difficult for people of color to register, to vote and to exercise their right to vote. especially in the south black women we're still largely disenfranchised, and the same was true of hispanic women in the West and South West. Asian immigrants were not permitted to become citizens and consequently could not vote the connection between indigenous citizenship and tribal sovereignty, are complicated, but nineteen amendment was ratified. Many indigenous women were not considered. U S, citizens and didn't have the right to vote either So many women of color felt, like it wasn't yet time for the women's movement, to turn its attention to another issue, rather than making sure all women could access their right to vote. After that. First introduction and nineteen one three the my amendment was re: introduce that every legislative session for the most part it did not
make it out of committee, and it was not actually voted on for the next two decades in general, trade unions, including the United Automobile Workers and the International Ladys Garment Workers Union, opposed or refuse to endorse the bill so to the national courts. Rumours league, the National Council of jewish women and the National Council of Negro women, among others. Meanwhile, rational associations of women, dentist lawyers, business profession, rules and others endorsed the amendment them in nineteen. Thirty, eight President Franco, D Roosevelt, signed the fair Labour standards act into law. This desolation grew out of the great depression and the new deal. It was smaller in scope than it is today, but it established a minimum wage and overtime pay as well. banning child labour in industries that practised interstate commerce. At this point, opposition to the Mont Amendment in organised labour started to wane as the types of workplace protections that had been applied, only
two women were now at least starting to be applied to everyone here. The first version of the fair better. Standards. Act only apply to something like a fifth of all workers, but it was still like a starting point and nineteen forty The republican Party is platform included. This quote. We favour submission by Congress to the states of an amendment to the constitution, providing for equal rights for men and women. The democratic party followed suit, nineteen. Forty four, with the addition of quote, we recommend to Congress the submission of a constitutional amendment on equal rights for women. Both parties had some kind of statements supporting an amendment for equal rights, regardless of sex or specifically, equal rights for women, their platforms for the next few decades, also in the forties President very true, men became the first of seven consecutive president's to endorse the idea of an equal rights amendment in mind. Forty three. The Mont amendment was revised to reflect language of other existing constitutional amendments,
Now known as the Alice Paul Amendment, it read quote quality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. For the first time The Alice parliament met came to a vote, but failed and nineteen forty six. There was another attempt. Capacity. Nineteen, fifty with various riders being added on that we're supposed to exempt the protective laws that we talked about that that women in the workplace and we're still on the books. But that effort also failed. But the amendment kept being introduced. Year after year. Things did once again in the nineteen. Sixty is a mere gonna get into that after we pause for a sponsor break. Here's Saving money with Geico was almost better than playing pick up basketball is always that guy who joined your game he never passes the rock he certainly bricks theories and
completely hack, you and then put his hands up and say no foul, no foul, with Geico it's easy to switch in save on car insurance no need to fake an angel sprain, because you're absolutely exhausted. we can save with Geiger. That's all better than sports. This episode of stuff you missed in history, glances brought you buy Norton three sixty with lifelong. Let's just say your shopping online with your smartphone. I do it all the time. They sure feels that your personal info is right there in your hand, but that's always the case because, as soon as you hit submit your person, information could start going other places. In fact, when you shop, bank or browse online, your personal info can get out of your control, which can leave you vulnerable to cybercriminals more through demand more protection. That's why Norton and Lifelong are now part of one company nor
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President John F Kennedy sign to the equal pay act of nineteen sixty three. That was an amendment to the fair Labour standards ACT and it made it illegal to pay men and women different wages if their jobs had quote equal skill effort and responsibility and which are formed under similar working conditions in nineteenth before President Lyndon Baines Johnson, signed the Civil Rights ACT into law it outlawed racial segregation in businesses like restaurants and movie theatres and it also outlawed employment discrimination due to race, color, religion, sex or national origin ironical, opponents to the act had added sex to that list, with the hopes that it would cause it to fail combined. with the fair labour standards at these two pieces of legislation, largely removed labour organizers objections to the equal, Its amendment daddy there gave everybody the same protection or it already made the protection they were trying to keep illegal like that was done now at about this,
same time. The women's liberation movement was growing in the United States, where nineteen sixty Everybody Fernand published her best selling book the feminine mystique and a nineteen sixty six. She became one of the code founders of the National Organization for women, or now now and others in the women's liberation movement started advocating for the passage of the equal Rights amendment, which was still being introduced in Congress every session, then representative, Martha Griffiths a Democrat for Michigan. Finally broke the ongoing cycle of the equal rights amendments introduction and getting stuck in committee should he filed a discharge petition which is a way of forcing a stalled bill out of committee. and onto the house floor for debate and voting is not. He's very often because it requires some one. Together, signatures from to him, Eighteen of the four hundred thirty five members of the House of Representatives Gryphus did this in nineteen. Seventy
house, debated and passed the equal rights amendment on August, tenth, one thousand nine hundred and seventy. But this time the amendment did not make it out of a Senate. Senator wanted to add some kind of a clause that would exempt women from the military draft, and this got bogged down in committee again so Gryphus reintroduce the amendment again. In the next session it passed, the house on October, twelfth nineteen, seventy one with a vote of three hundred fifty four to twenty three and this on March, twenty second nineteen. Seventy two with a vote of eighty four to eight. It read section. One 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 two. The Congress shall have the power to enforce by appropriate legislation. The provisions of this article in section three This amendment shall take effect. Two years. after the date of Ratification Congress gave the stuff seven years to ratify the bill
Hawaii was the first to do it on March, twenty second of nineteen. Seventy two within nine months. Twenty two of the required thirty eight states have ratified the amendment and nine Seventy three, the American Federation of Labour and Congress of industrial organizations or AFL Ceo endorsed it by the end of May, in seventy four thirty, three states had ratified the amendment with only five left to go. According a gallop poles about three quarters of American supported the amendment so with just five states and five years left. It seemed like a sure thing, however, a vocal backlash against the amendment had been developing, which was tied in to an over conservative movement in the United States Summit The opposition to the amendment was connected to abortion rights in nineteen. Seventy three, Supreme Court has issued its decision in rovers is weighed, saying that the fourteenth amended
due process clause included a fundamental right to privacy and that the right to privacy extended to the decision to terminate a pregnancy oppose I am worried that the equal rights amendment could expand access to abortion and make it in possible for the court to overturn Rovers weighed in the future. A pony to the array, also worried that it would force women to register for the draft and servant combat something that was very high on people's minds. Given the United States involvement in the war in Vietnam me But not all of the opposition to the equal rights amendment came from religious groups, members of the church of Jesus Christ of latter day saints were incredibly active and campaigning against the amendment time. Roughly half of church members lived in just three states. Those were Utah Nevada and Idaho, Idaho had already ratified the amendment. By the time the church took a public stance on the amendment, but voted to repeal its rat occasion. Afterward
Ta and Nevada did not ratify the amendment. There are also about twenty six thousand church members living in Virginia, mostly in the suburbs of Washington DC, and they heavily lobbied their legislators Virginia also not ratify the amendment before the deadline as it the case in the earlier life of the equal rights amendment. The most visible faces on both sides were relatively affluent white women in terms of the opposition that face was foolish lawfully. A conservative, Roman Catholic from Illinois who started a campaign called star but you re in nineteen, seventy two that stood for stopped making our privileges equal rights amendment. She who founded the conservative interest Group Eagle Forum, slightly disguise that Europe is Anti family and as something that would force women into coeds situations when they didn't want to be. She described it. This way, quote. What I am defending is the real rights of women, a woman
have the right to be in the home as a wife and mother. The stop yard campaign was incredibly strategic flawlessly said that she didn't really need to sway the entirety of public opinion against the our and she didn't get pulse showed that more than half of respondents were in favour of the eerie throughout the world. Vacation period in the middle seventies. This included people who described themselves as housewives and conservatives. Instead. It's lovely focused on getting just enough just later to either vote against ratification or start the vote until after the deadline, instincts that had not yet ratified to do that. She and other activists lobbied legislators directly. They went to stay capitals, dresses and aprons and giving legislators homemade bread with slogans like preserve us for Congressional jam vote against the e r a sham or from the bread maker to the breadwinner. They all
stoked fears of what could happen if the area was passed In addition to the idea of unrestricted abortions and women being drafted, there was saying ex marriage and the idea that the government would force the catholic Church to allow women to be priests and, was a lot of talk about how the EU area was going to lead to unisex bathrooms, which was summed up as the party problem and nineteen. Seventy six realising that philosophies campaign was very effective. Republican, Ella, Macmillan and Democrat LIVE Carpenter, formed E R, a America Nazi array, and then America minus the initial aim to try to counteract it now. How was still fighting for ratification as well, including organizing a boycott of the non ratifying states, in that In seventy seven, the national women's conference was held in Houston, Texas, this the congressional funded conference that was attended by more than one hundred thirty thousand people, including two thousand state delegates with a goal,
formulating a plan to move the nation towards gender equality. That plan with, be presented to Congress and the President's delegates creek. did a plan of action that had twenty six planks, some of them were: child abuse, prevention, low cost, child care, enforcement of the equal credit opportunity act. Support for rovers Wade legislation to end discrimination based on sexual preference, to use the language of the plank at the time and rapid, Haitian of the array sloppily held back to rally in Houston that she described as pro family. At the same time, rally issued its own resolution against lesbian rights, abortion rights and that you are a at this point. Ratification process had completely stalled on March. Ninth nineteen. Seventy eight Congress passed a three year extension of the deadline for ratification on Mars.
When he second nineteen? Seventy nine foolish lawfully through a gala to celebrate the expiration of the original deadline Eighteen, eighty, the Republican Party dropped support for ratification of the equal rights amendment from its party platform. Ronnie Reagan included his opposition to the url is part of his presidential campaign and became the first president since Truman's, who oppose it supports, for that year, re among the general public reached its lowest point during that election year. Dropping bounds of fifty two percent in favour. Twenty eight opposed, and almost twenty percent I dont know support. conservatives, religious fundamentalists and housewives dropped below fifty percent for the first time during that nineteen eighty presidential campaign, as well among states that have not ratified. The amendments. Support dropped down to forty eight point, one percent in favour. Thirty nine point: five percent opposed with the rest. I don't
Now, when the second deadline approached the equal rights, amendment was three states short of ratification. In addition, Nebraska Tennessee, Idaho, Kentucky and South Dakota had all to rescind or otherwise cancelled their ratification. In response to the you're a campaign. The second double I'm to ratify that equal rights. Amendment passed on June, thirtieth of nineteen eighty two Phyllis Slaughter, He threw another celebrate a gala with the band playing Ding Dong, the witches dead among other selections republic Senator Jeremiah Denton of Alabama, who was an attendant said quote. We have overcome one of the most powerful propaganda campaigns in the history of politics legislators. it once again reintroducing the equal rights amendment at every congressional session as all This was going on. The Supreme Court had continued to issue rulings that interpreted the equal protection and duped
says, clauses that are in the constitution and its amendments as relevant one frontier oversees Richardson in nineteen. Seventy three sure from Euro was a lieutenant in the? U S air force wives of military members- were automatically granted a housing allowance and medical care, but friends we're not unless they were dependent on their wives. Front. RO challenged this and the Supreme Court found that the policy was unconstitutional, three later, the court issued a decision and Craig verses Borin. Oh homer law at the time prohibited the sale of not intoxicating beer. That is under three point two percent alcohol two males under twenty one and females under eighteen, Curtis, Craig who, with male and between the ages of eighteen and twenty one challenged this law as unconstitutional, and the Supreme Court agreed
issued a ruling that also called for intermediate scrutiny and questions of whether sex based discrimination was unconstitutional. This meant that laws that treated the sexes different. I am proud to be substantially related to an important government interest and that's been the standard since they made that ruling back in the seventies This is a lower standard of scrutiny than is required for re space discrimination, but a higher standard than is required for some other things, leading discrimination based on age. Some of these core cases had the exact same outcomes that the opponents of the year, I said, the man would bring about for example, in nineteen, seventy nine, the court heard the case of or verses or in which Lillian or had suit her Ex husband, William for now payment of alimony, William or had challenge this as unconstitutional, because Alabama, where they lived required, has to pay alimony, but not wives. The
agreed ruling. That quote, classifications by gender must serve important governmental objectives, in ninety. Ninety six, the court found Virginia military institutes. Male, only admissions policy unkind, additional in United States versus Virginia of course, in over befell versus Hodges in twenty fifteen, the Supreme Court. Decided that the fourteen amendments, equal protection clause, requires to license marriages between people of the same sex, the federal, It was also continuing to pass laws that were related to equality, regardless of sex during the ratification period for that year. I think the title nine, which is one of the educational amendments of nineteen. Seventy two, which reads quote no person and the United States, shall, on the basis of sex, be excluded from Britain patient in be denied the benefits of or be subjected to, discrimination under any education programme or activity receiving federal financial assistance in the
Ninety nine now and other organizations formulated the three state strategy which combined effort to get three more states to ratify the equal rights amendment with proposed legislation to remove the earlier deadline. then the Nevada ratified the area on March twenty second, twenty seventh theme in Illinois ratified it may thirtieth twenty eighteen and, as we said, the top of the show Virginia so earlier this year, so that leaves the sum entirely answered questions. As of when we are recording. This Although a number of people will stridently insists that the questions are actually answered theirs think of the constitution about whether a state can rescind its ratification of a constitutional amendment, as five states voted to do with the array- and it's not really Italy clear whether it works, if they vote to do that
higher in New Jersey. You tried to return to their ratification of the fourteenth amendment, but they are still listed as ratify airs and the amendments official documentation. The Supreme Court decided that this was a political question for Congress and not a matter for the court's back in nineteen thirty nine. There also arguments about whether the deadline is really relevant. The Supreme Court has previously ruled that it's not unconstitutional for Congress to set such a deadline, But it also been noted that this deadline wasn't part of the amendment itself and it wouldn't. The first time that an old constitutional amendment has been, fight and added to the constitution. The twenties seventh amendment adopted in nineteen. Ninety two reads: quote no law, varying the compensation for the services of the senators and representatives shall take effect until an election of representatives shall have intervened. It was
what are the original bill of rights approved by Congress in one thousand seven hundred and eighty nine, but it was not ratified until one thousand nine hundred and ninety two, like that Rights amendment it didn't, have a deadline as part of the text itself. This has tried to avoid this problem with some other amendments by like having actually in there in the text that Seven years or, however, many years to ratify the thing, so as this moment, our kind of in limbo, with one side considering the matter closed, because the deadline passed and the their side, arguing that the deadline does not matter or proposing various legislation to change the deadline. The department of Justice would a memo on this matter. On January, sixth, twenty twenty, which began quote Congress, has constitutional authority to impose a deadline for ratifying proposed constitutional amendment. It exercise,
this authority when proposing that equal rights amendment and because three fourths of the state legislatures did not ratify before the deadline that Congress imposed. The equal rights amendment has failed of option and is no longer pending before the states Accordingly, if one or more state legislatures were to ratify the proposed amendment, it would not become part of the constitution and the archivist could not certify its. option, but, on the other hand, the attorney general of Virginia Illinois and Nevada. The last three states to ratify the amendment on filed suit to have an added to the constitution on January thirty is there were recordings on February forth, so France is very
there is still a lot of unanswered questions about what the e r I would mean in practice if it were to become the next constitutional amendment, including things like whether it would apply to laws around things like physiology, like breastfeeding demonstration. whether it would make government programmes like special supplemental nutrition programme for women, infants and children, which is wick whether it would make those kinds of programmes unconstitutional whether the language on account of sex would be that the amendment applies to intersects, non binary and transgender people. There. We are rights amendment it's one of things. That really fascinates me because, as this has dragged out for a hundred years, the world has changed so much in. It has changed some to reflect that, but, as you right there at the conclusion. There's a whole other rights of elements that need to be addressed didn't considered and adds its
like the slowness has made this trick here that it would have been safe fifty years ago. Right, I think, if it been ratified back in the seventies, We have gone through a similar trajectory to the Fourteenth amendment, where probably the Supreme Court back in the seventies would have heard cases that were about discrimination, but was not specifically again women or men, but was against us like add an intersection, in or re and person. I'm not saying that Trans person are neither men or women but like, but the courts I think, would have moved from like a binary. This is, men and women reading the law array of the amendment like into a more broad reading of amendment the amendment, similarly to how the Fourteenth Mehmet went from being two classes, black and white to applying talus their stuff yeah, but, like now that it has been
Fifty something years almost since it was sent to the states for ratification- and it was ratified during that time, like now, those questions are surrounding it, even though like it has actually been added to the constitution. At this point, also it it's a story that frustrates me of it, because, like the night, a bit is enough, statement, because it passed Congress with overwhelming majority. Yes, and then it was clearly on tracks who pass among the states and had among the general population the majority least, a plurality in favour of it through all that time and then got derailed by what was clearly like a very vocal minority opposition to it anyway, who probably talk more about that,
seems me up the listener meal for us. In the meantime, thirty, this is from Megan and Megan wrote after our behind the scenes, episode onward Elgin in the Parthenon Marbles. In way, I expressed a number of opinions and was but a little way about whether those opinions were going to garner me. A lot of angry email Megan didn some angry emails to be totally affront about that Megan I do have a lot of opinions and certainly share yours, but the thing that struck me was the comment about museums, not taking into consideration the cultures whose items are being displayed. I work in the arts for an orchestra We ve, started learning and adopting the practices of of by for all to boil down. Very simply, it's a movement who spoke is to help organisations work within the community's. They are trying to attract the founder,
worked in a museum that had for years held a day of the dead event in a community with a strong latino presents, but only white people attended the events in question. Now it is being driven and involving the latino no community, because the museum started talking to people instead of throwing the event for them and expecting them to show up. If you have a chance, why one founder, Nina Simons talks. Megan then sent a link to a video I have a feeling you will agree with her point of view. We have a lot of discussions on the orchestral world about appropriation and how whitewashed classical music history is the orchestra. I work with this vote hang on working with different communities to find out how we can best collaborate and feel ownership in their local orchestra. Music is everyone, not just old white people I could go on for ever, but I will stop myself now
I very much enjoyed your podcast. Thank you for all your hard work. Putting these excellent episodes together, I didn't realize how much I enjoyed learning about history until I started listening to you all the best Megan I've said mega this whole time. Megan may say it Megan. I apologise if I got it wrong make it also. Let us know that our Facebook page had our old email address on its hour. When it big that, though, It is, though, much Megan for this email that video that this email included the link two I only have had the chance to watch about the first twenty minutes of we don't have a rate way on our website right now to share links for things. But if you google mean Simon of by for all, it will take you to really quickly, and it is very interesting because sheets stop talking about coming into a museum that was really really struggling and
having to turn that around and having to figure out how to actually connect with the community that they were located in which has really super interesting. So, thank you so much for this email. If you would like to write to us about this, are either progress throughout history. Podcast that my heart, radio dot com and then we're all over social media have missed and history. That's where your friend after Facebook, Twitter, Pinterest and Instagram new cancer I have two our show on Apple pod cast. I hurt radio up anywhere else. You want to get your part, gas and links to listening. Stuckey, missed an historical ass to the production of a heart radios. How stuff works for more upon cats? For my heart, radio visit thy heart, radio, apple pie, guests or wherever you listen to your favorite, shows.
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