Handling Sexual Discrimination Cases Assignment

Discussion Response

Hi, I agree with you that the equal rights amendment has yet to reach the American Constitution despite being almost a century old. The bill guaranteed equal rights to American citizens regardless of sex, as you have stated (Barnett & Bernick, 2019). Equal rights and the Fourteenth amendments are two different things that should not be confused. Both chambers approved the equal rights amendment bill that sought to protect women from sexual discrimination in the legal system (Barnett & Bernick, 2019). After both the groups of the proposers and the oppose petitioned the bill, the bill failed to reach the numbers required for it to be a constitutional amendment, and so it failed. Handling Sexual Discrimination Cases Assignment

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Until today, the amendment bill has not yet gained enough support to be regarded as an amendment, even after the United States got its first female deputy president. For sure, as you have put it, all the federal and state laws that give room For any form of discrimination against women based on sex should be illegalized. No one should be denied equal rights or discriminated. I agree with you that among the reasons for the foundation of ERA were the concerns that women would be discriminated against when it comes to an appointment in the military or other offices (Magliocca, 2021).

The fourteenth amendment to the American Constitution in early 1968 indeed extended the definition of all persons born or naturalized in the USA to include the enslaved people and the African Americans that were free after the end of the civil war (Barnett & Bernick, 2019). The amendment had five provisions, the first being the citizenship clause that gives rights to all people born or naturalized in the USA equal protection under the law. The due process clause prohibits the deprivation of liberty, life, or property without a legal process, the equal protection clause, the privileges clause, and the enforcement clause. The amendment aimed at ensuring everyone is treated equally regardless of their gender. However, sex was not included in the protection until 1971, as you mentioned in your discussion. I agree with your statement that not all states have ratified the equal rights amendment, leading to contradictory judgments in federal and state courts while handling sexual discrimination cases (Magliocca, 2021). Handling Sexual Discrimination Cases Assignment

References

Barnett, R. E., & Bernick, E. D. (2019). The Privileges or Immunities Clause, Abridged: A Critique of Kurt Lash on the Fourteenth Amendment. Notre Dame L. Rev., 95, 499.

Magliocca, G. N. (2021). Amnesty and Section Three of the Fourteenth Amendment. Const. Comment., 36, 87 Handling Sexual Discrimination Cases Assignment