![]() ![]() This means that the entity with the law or policy would have to show that it served a compelling government interest in the least restrictive means available. Laws and policies that discriminate on the basis of sex wouldn’t be immediately thrown out, but they would be subject to strict scrutiny when challenged. Practically and legally, the ERA would mean cases alleging sex-based discrimination would be evaluated using the same heightened legal standard applied in cases alleging race-based discrimination. This would be a symbolic, legal and practical victory. What would ratification of the ERA mean? First, it would mean formal, legal recognition of every American’s right to be free from sex-based discrimination. Virginia can and should be the 38th and final state. Now, only one more state is needed to ratify the ERA and ensure sex discrimination is outlawed by the supreme law of the land. In 20, Nevada and Illinois became the 36th and 37th states to ratify the ERA, respectively. ![]() By 1977, 35 of the required 38 states had ratified the ERA but the last three states remained elusive. The ERA was first passed by Congress and sent to states for ratification in 1972. The federal Equal Rights Amendment (ERA) is intended to change that. Constitution does not prohibit sex discrimination. Even former Justice Antonin Scalia recognized that the U.S. According to a poll by the ERA Coalition/Women’s Equality Fund, 80% of Americans mistakenly believe that women and men are guaranteed equal rights in the U.S. There is an important reality that most Americans don’t understand. ![]()
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