Full Answer Section

The ERA was first proposed in 1923, and it was finally passed by Congress in 1972. However, the amendment was never ratified by enough states to become law. The ERA was revived in the 1980s, and it has been the subject of ongoing debate and controversy ever since.

Purpose

The purpose of the Fourteenth Amendment is to ensure that all Americans are treated equally under the law. The amendment prohibits states from denying any person “equal protection of the laws.”

The purpose of the ERA is to guarantee equal legal rights for all Americans, regardless of sex. The amendment states that “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

Legal Implications

The Fourteenth Amendment has been interpreted by the Supreme Court to protect against discrimination on the basis of race, religion, and national origin. However, the Court has not yet ruled definitively on whether the Fourteenth Amendment also protects against discrimination on the basis of sex.

The ERA, if ratified, would explicitly guarantee equal legal rights for all Americans, regardless of sex. This would mean that any law or policy that discriminates on the basis of sex would be unconstitutional.

Separate Concepts

The Fourteenth Amendment and the ERA deal with separate concepts, even though they both address the issue of equal rights. The Fourteenth Amendment is about equal protection under the law, while the ERA is about equal legal rights.

The Fourteenth Amendment is broader than the ERA in that it applies to all forms of discrimination, not just discrimination on the basis of sex. However, the ERA is more specific than the Fourteenth Amendment in that it explicitly prohibits discrimination on the basis of sex.

Conclusion

The Fourteenth Amendment and the ERA are both important amendments to the United States Constitution that address the issue of equal rights. However, the two amendments have different origins, different purposes, and different legal implications.

The Fourteenth Amendment is a broader amendment that prohibits all forms of discrimination, while the ERA is a more specific amendment that explicitly prohibits discrimination on the basis of sex.

Whether or not the two amendments deal with separate concepts is a matter of debate. Some people argue that the Fourteenth Amendment is sufficient to protect against discrimination on the basis of sex, while others argue that the ERA is necessary to explicitly guarantee equal legal rights for all Americans, regardless of sex.

Ultimately, it is up to the Supreme Court to decide whether or not the Fourteenth Amendment protects against discrimination on the basis of sex. However, even if the Court does rule that the Fourteenth Amendment does protect against sex discrimination, the ERA would still be an important amendment, as it would explicitly guarantee equal legal rights for all Americans, regardless of sex.