
The So-Called “Equal Rights Amendment” Chiefly Benefits Men
The victory of Lia Thomas, a male swimmer who identifies as a woman, over his female counterparts in the NCAA championship, puts another nail in the coffin of the achievements of the 20th century women’s movement, such as the existence of competitive women’s athletics. While many have cried foul over his victory, the so-called Minnesota Equal Rights Amendment (ERA) could enshrine unfair competition as a legal right. The bill has already passed out of at least one Minnesota House committee, and may be voted on by the whole House soon. It’s crucial that Minnesotans know what the real cost of the so-called “Equal Rights Amendment” would be.
To understand this issue, let’s look at the history surrounding the ERA. It is important to understand the difference between the Minnesota ERA and the United States ERA. In its earliest stages, the United States ERA began as a bill that sought to give women equal protection under the law, saying “equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” The bill, which was introduced in 1972, was never ratified at the federal level, although federal laws already prohibit sex-based discrimination in various areas such as employment.
The Minnesota ERA is a successor to the federal bill, but with a twist. The important distinction between the Minnesota ERA and the ERA of our parents’ generation is the subtle change of language. Equal protection on account of “sex” (male or female) has been changed to “gender,” opening the doors wide open to the chaotic world of gender theory.
The problems that this bill presents are obvious. First, while it may seem like an inconsequential semantic change, the inclusion of the purposefully vague “gender” allows for men like Lia Thomas to participate in women’s sports without any legal repercussions. Not only will athletes like Thomas be free to participate in women’s sports at any level, but any action to stop him will be viewed as discriminatory under the law. This was made clear in a statement from United States Rep. Maloney (D-New York), who argued that “[w]ith the ERA, we secure equality under the law for women and all marginalized genders.”