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Carolyn Maloney

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Let's Put It in Writing: Women Are Equal

Posted: 06/10/11 10:52 AM ET

Last week, over a late-night dinner of take-out food and inspiring personal stories, I had a strategy session in my crowded kitchen with two truly remarkable women; Eleanor Smeal of the Feminist Majority and Lilly Ledbetter of Alabama. We were talking about how to achieve what some think is impossible, but what most say is a necessity if we want to achieve true equality in this country: Passing the Equal Rights Amendment and putting real equality for women into the Constitution for the first time.

The proposal that men and women should be treated equally under the law is hardly a controversial concept. A few years back, a survey found that nine out of every 10 Americans, both men and women, believe the Constitution should state that male and female citizens are entitled to equal rights.

That same survey also found that most Americans believe women already have the same rights as men under our Constitution. But sadly they are mistaken. While men's rights are guaranteed by specific language in the Constitution, women's equal rights aren't mentioned.

And conservative Supreme Court Justice Scalia has stated in an interview that in his view, because the Constitution does not explicitly mention a prohibition on sex-based discrimination, such discrimination is not unconstitutional.

So, as things stand now, women's equal rights are secured only at the whim of Congress, state legislatures and the courts. And the direction that those politically controlled winds can blow has been shown to be quite fickle.

That night in my kitchen, Ellie Smeal pointed out one of the effects that separate and unequal treatment was having right now, on women in the military. Women serving in the military who are stationed in Iraq and Afghanistan may be exposed to the same dangers and bear the same hardships as their male counterparts, but they do not earn the same career opportunities as men. They are not allowed to rotate through combat command positions. And this means that they will forever find themselves limited in their opportunity to advance and to serve their country.

Lilly Ledbetter is a great example of how gender-based discrimination can impact a woman over her entire lifetime. Lilly was a working mom in Alabama, helping to support her family. After working 19 years as a manager at Goodyear Tire and Rubber, an anonymous tip led her to discover that, while she was paid $3,727 per month, the lowest paid male area manager received $4,286 per month, and the highest paid got $5,236 month. It was pretty clear on the face of it that Lilly was being discriminated against. And there are lots of Lilly's still out there.

According to a report by the Joint Economic Committee, on which I serve, lower earnings over a woman's career "can result in smaller private savings to draw upon in retirement, smaller contributions to employer‐sponsored retirement plans, smaller Social Security benefits, and smaller paychecks for those women who continue to work later in life."

That is one of the reasons why in January of 2009, the very first bill signed into law by newly elected President Obama, was the Lilly Ledbetter Fair Pay Act. But it's time to stop fighting discrimination against women piecemeal, one small skirmish at a time. It's time to make equality for women not just a nice slogan, but a reality.

That is why at a recent press conference I announced that I will be introducing a bill in the House to make the ERA part of the Constitution. My colleague, Senator Robert Menendez will introduce it in the Senate. And with that we will have a real beginning.

I encourage you to be a part of it. Begin by signing my on-line petition telling Speaker Boehner and his Republican colleagues in Congress that Women Matter. And then let's pass the ERA, so at long last the Constitution will declare that women matter -- and they matter equally.

 

Follow Carolyn Maloney on Twitter: www.twitter.com/carolynbmaloney

Last week, over a late-night dinner of take-out food and inspiring personal stories, I had a strategy session in my crowded kitchen with two truly remarkable women; Eleanor Smeal of the Feminist Major...
Last week, over a late-night dinner of take-out food and inspiring personal stories, I had a strategy session in my crowded kitchen with two truly remarkable women; Eleanor Smeal of the Feminist Major...
 
 
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01:12 AM on 07/29/2011
Women absolutely must be treated equally, but I disagree with the author's interpretation of Scalia's comments. The Constitution isn't and doesn't need to cover every contingency and every potential unfairness in civic life. It's basically a list of powers and limitations of the federal government, and as citizens, women are definitely just as protected by the Constitution as men are. Do we need an amendment to declare gay people equal? Hispanics? Atheists? As a rather short man, I could propose a Constitutional Amendment to ban discrimination of short people because there are studies that demonstrate an even greater pay and opportunity disparity between short and tall people than between men and women.

We also have to define our terms. What exactly does discrimination mean? There are the obvious answers, like Jim Crow laws and systemic pay disparities, but how about groups or companies that have a specific hiring preferences. Was the man who sued Hooters right when he charged discrimination because Hooters doesn't hire male waiters? Do film or television projects have to have a quota, or must they audition all genders/races for every character? In the Constitution, language is everything and the author's proposal is, at this point, far too vague and unconvincing to be taken seriously.
HUFFPOST SUPER USER
patchinr3
04:52 PM on 06/19/2011
pleeeeeeeeeeeeease come up with some new material
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HUFFPOST SUPER USER
JohnnyAce Okeke
GRAND MASTER SEN$Ei {{-_-}}™
08:07 AM on 06/17/2011
Feminists are the true misogynists. {{-_-}}
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HUFFPOST SUPER USER
JohnnyAce Okeke
GRAND MASTER SEN$Ei {{-_-}}™
03:55 AM on 06/17/2011
In actuality, women like Carolyn Maloney are being misogynistic to themselves and to each other. Asking for all these one-sided rights and entitlements (as well as proposing redundant Constitutional amendments) is inadvertently saying that you're handicapped, incapable, inept, and you need an extra boost in society simply because of your gender alone. That's very disingenuous to yourselves. Furthermore, it's inconsistent to the REAL women's rights and suffrage movements. Susan B. Anthony demanded equal rights, including a woman's right to go to jail.

There is no such thing as a pay gap. This is a lie that has been propagated for many years. {{-_-}}
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patchinr3
04:56 PM on 06/19/2011
but these same women trotout the pay stuff without telling they ARNT taking in to account women dont work same hrs as men in some cases.
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GaryNOVA
Fear My Micro-bio!!!!!!!!
12:27 AM on 06/17/2011
Some explain to me why the equal pay act of 1963 does not cover the issue of equal pay.
03:53 AM on 06/13/2011
I don't think women really want to stop all their special treatment. FOR YEARS I have been a part of management meetings were women were gifted with pay increases and promotions simply because they were female. "Does anyone know a woman we can promote" was the standard question when there was a male deserving recognition. Being a large company, our EEO stats drove decisions. NOT skill sets and contributions. Sorry ladies, but thats the reality.
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HUFFPOST SUPER USER
Sweendoggedly
Science. It works.
11:53 PM on 06/12/2011
Dear Representative Maloney,
On the matter of an Equal Rights Amendment:
You have my vote!

Cheers!
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
07:05 PM on 06/12/2011
http://www.huffingtonpost.com/dave-johnson/concern-over-republican-e_b_875233.html Watch the Ayn Rand - Donahue interview. She answers the women's equality issue.
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ignacio sanabria
Mirror synapses at work
06:21 PM on 06/12/2011
It is hard to understand all the fuss about men and women`s equality. We are all humans and live on this earth with a purpose. End of story.
04:08 AM on 06/13/2011
It's a self-respect issue. Some people need others to tell them that they are OK.
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patchinr3
04:58 PM on 06/19/2011
you hit the nail on the head i cant believe huffpost printed it they are so pro women
09:31 AM on 06/13/2011
That's "without a purpose," thank you very much.
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Kara Kramer
05:36 PM on 06/12/2011
It is a sad, sad, thing, that it is the year 2011, man has been to the moon, we can break ourselves down to neutrons and electrons, but STILL, so many men are scared of admitting that women are complete, equal people.
So many men who were raised by women. I suppose you think your mother, from whom you came, was less of a person than you are?
Does that even make sense?
09:30 AM on 06/13/2011
Just because I see no reason to amend the consititution with a redundant clause does NOT mean that I do not believe women to be equal. Its actually quite the opposite.
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patchinr3
05:03 PM on 06/19/2011
idont know about the mom thing there thousands in jail for hurting there kids mothers love to brain wash little boys, that why there are so many women elementry school teachers women keep men out of those jobs
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susandiane
Despite everything, I am still a proud Virginian
05:28 PM on 06/12/2011
It is jealosy pure and simple. Guys can't "give birth" so they feel the need to denigrade women! We give life, they give death!
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susandiane
Despite everything, I am still a proud Virginian
05:42 PM on 06/12/2011
I actually worked with a guy that WANTED to be able to "give life" He got a lot bigger kick out of my baby kicking than me (it's easy being on the outside looking in) I WILL give Bill props though, He loved the idea of a baby growing! Most guys are, "Heyu look at me, I made a baby, hahaha!"
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blarneydude
I can handle the truth. Now let's talk about you.
01:50 PM on 06/13/2011
Anger much?

One thing for which I have taken pains to thank my God over and over is that She made me male. I wouldn't bear a child for LeBron James's salary. All of it, whole contract, in cash, at once. Not even the possibility of doing it. YOU take the pills, I gave at the office.

(And I have three children that I made. Thanks, honey!)

Might wish it on my worst enemy though. Would serve him right.
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Roy Shastid
sleeps well with others
02:15 AM on 06/13/2011
It is a lot more complicated than that. A lot of this is the result of religious teachings that come out of human prehistory. My reason for responding to your post is that you will never be effective in arguing for equal rights using that poorly thought out argument. I have never envied women's ability to bring life and reacted to that by trying to put them under my thumb. But many have tried to tell me that women are less equal for other reasons, in shedding those concepts I went a long way toward freeing myself..
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MUDPUPPY
05:10 PM on 06/12/2011
American Women are not equal. They civilized men and let men think it was all their idea. They bore and nurtured our nation into the greatest nation in the world. They tamed the men that tamed our country. American women earned the respect of men and their children enhancing the high standards and values that enhance our constitution. American women are without equal. They are envied by women all over the world.
Tim The Enchanter
Gary Johnson 2016
05:05 PM on 06/12/2011
My first wife was certainly NOT equal one day every month, when she went completely non-linear and everyone including the kids hid from her and found ways of not coming home until, oh, about 10pm, after she went to bed.
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susandiane
Despite everything, I am still a proud Virginian
05:25 PM on 06/12/2011
The moment YOU deal with hormones, go for it!
Tim The Enchanter
Gary Johnson 2016
05:44 PM on 06/12/2011
Sorry, I don't have mood swings. Part of what makes me "non-equal"
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Kara Kramer
05:42 PM on 06/12/2011
Tim, punishing all women for the troubles in your marriage is neither fair nor rational.
That's your baggage, deal with it.
Every person on this board can name at least one irrational person of the opposite gender, to make law based on past grievances is no way for a citizen in a civilised society to behave.
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HUFFPOST COMMUNITY MODERATOR
Quinxy von Besiex
My micro-bio is empty. :(
05:03 PM on 06/12/2011
With all the genius that went into the well crafted checks and balances of our political system, the ability of big corporations to buy influence with those holding and soon to hold office is a glaring afront to our noble democracy. I don't care if "my side" is winning the war of influence, in this matter I want all sides to lose. How can we ever achieve our nation's full potential when "profit" is the greatest measure of our success.
08:13 PM on 06/13/2011
Profit has a couple of important functions - one is very democratic, and that is putting resources where consumers want them. Another is avoidance of unproductive enterprises. Even in war, it helps us understand our values.

That said, we are quickly running up against many examples of places that profit is a misguided measure. Mindless accumulation of resources doesn't look like the best plan to me.
Tim The Enchanter
Gary Johnson 2016
05:02 PM on 06/12/2011
As a woman, my wife would be the first to tell you that men and women aren't equal and shouldn't be treated as such.

As a human resources manager, she'd say the exact same thing.

As a wife, she knows it's fact, not myth.

As a mother, she knows it's genetic.
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Kara Kramer
05:19 PM on 06/12/2011
Mothers aren't experts on genetics, scientists are, and as a scientist I can tell you that women and men ARE equal, just different.

Furthermore, if your wife wants to tell us ANYTHING, I'm sure she can do so herself. Or do you speak FOR her as well?
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susandiane
Despite everything, I am still a proud Virginian
05:30 PM on 06/12/2011
So the "female" scientist are less than the "male" scientists?
Tim The Enchanter
Gary Johnson 2016
05:38 PM on 06/12/2011
No, not equal. Each one has specific strengths designed into the system.

It's like saying a pickup truck and a sports car are equal. Is 21 equal to 12 in your world, "scientist"?

Also, my little girl was pre-programmed to be exactly that. A little girl. With dolls and dresses and painted fingernails and perfume and her own modeling maneuvers. A child that started shopping for her own shoes at the age of 12 months.

Stop trying to be something your not.
06:17 PM on 06/12/2011
Men are not equal to other men, nor women equal to other women, nor men and women equal to one another because two people are never perfectly equal. The use of stereotypes to determine ability and traits for any institution with public accountability is a bad thing. It creates a culture of victimizatoin and encourages these identity conflicts that waste resources and distract us from the serious work that needs to get done.