Yes Virginia, There is a Santa Claus, and you’re it – if you show up to vote on Tuesday. What delectable gift will you leave for us? How about constitutional equality for women in the United States?
So here’s the back story….Women are not considered equal to men in the constitution. Since we aren’t mentioned, the matter is left up to interpretation.
How about them apples? Our equality is “left up to interpretation” and maybe loosely covered by the 14th Amendment which says,
” All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.”
Here is former Supreme Court Justice Antonin Scalia answering a question about his interpretation of women’s rights.
Q: In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we’ve gone off in error by applying the 14th Amendment to both?
A: (Scalia) “Yes, yes. Sorry, to tell you that. … But, you know, if indeed the current society has come to different views, that’s fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that.
GIven that our current Supreme Court seems to be made up of conservative originalists, who will say women were not considered equal when it was written, and until an amendment is added, the original intent stands. The original intent was that we were not equal. Jesus we couldn’t even get a credit card in our own name until the 1970’s. SO no, this isn’t handled yet.
Another salient point is that if the 14th made us equal, then why did we need the 19th Amendment to be able to vote?
So the truth is, women need this amendment passed. Don’t get caught up in the hoopla that says we already have equality. We don’t. And since it’s at best/worst murky water, if everyone agrees we already have them, then maybe we could just add the amendment to the constitution and get on with it already. Are we trying to save paper? NO, they are trying to keep us down. And we I say they I mean Republicans.
Back to Yes Virginia, there is a Santa Claus and You’re It!
Adding an amendment to our constitution requires a lot. The president, the house and the senate must all pass it. Then it must be passed by 75% of the states. The magical number is 38. Right now, all we need is 1 more state. ONE MORE!
In February of 2019 the Virginia State House voted it down by 1 vote. Only 1 vote.
If we turn the Virginia State Legislature Blue with this upcoming election, we will have the job complete.
In absolute and full disclosure, we will also need our federal government to extend the arbitrary deadline it placed on the passage of the Equal RIghts Amendment for which there is precedent. BUT, make no mistake, Virginia has the chance to truly make history with the consequences of their vote on Tuesday.
Clearly, if you live in VIrginia, please take part in this historic vote. If you know people in Virginia, please share with them our important their vote is. Anything you can do to support blue candidates in the election will make a difference. Share what you know about the Equal Rights Amendment. Only 6% of Americans even know what you’ve just read in this article.
BUT, I will say that Alec Baldwin is one of them. He has recently been campaigning in Virginia and one of the reasons, is that he’d like to see the ERA passed. Thanks Alec. I love your wife. Read more about him knocking doors in Virginia here.
Such an exciting time to be alive. C’mon Virginia, be my Santa Claus this year! Equality is about the best gift you can give a girl.