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Terry O'Neill

Terry O'Neill

Posted: January 7, 2011 09:25 AM

Yesterday morning, while John Boehner was leading the House of Representatives in what David Corn called the "weaponizing" of the Constitution, I stood in front of the Capitol with Rep. Carolyn Maloney (D-NJ), Sen. Robert Menendez (D-NJ), Rep. Gwen Moore (D-WI) and other leaders of women's rights organizations to talk about what's missing from that document.

I held up a copy of the Constitution and started flipping through the pages, looking for the parts that guarantee equality to all women. Oh, wait -- that turns out to be kind of hard to pin down, doesn't it?

Let's see... Article One? No, that doesn't mention women. Article Two, Article Three? No mention of women there either.

Let's skip to the Amendments. There's a right to freedom of speech and freedom of religion... a right to trial by jury... no explicit mention of women's rights there.

Okay, here is Amendment 19 -- the women's suffrage amendment. It says: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." Great!

But wait. As important as the right to vote is, it doesn't guarantee full equality to women.

What about the 14th Amendement? It says: "No State shall... deny to any person within its jurisdiction the equal protection of the laws." Excellent! Here is the part of the Constitution that guarantees equality to women -- right?

After all, just last year the Supreme Court ruled in the Citizens United case that corporations are "persons" fully entitled to the free speech rights granted by the First Amendment. So, if a corporation can be a "person," surely a woman would count as a person too -- right?

Um, not according to Justice Antonin Scalia, who recently said the 14th Amendment's guarantee of equal protection does not include women. Think about it: a sitting justice of the United States Supreme Court doesn't consider half the population to be "persons" by the Constitution.

Sadly, Scalia's sexism is shared by other powerful men in our country. Speaker Boehner, for example, is about as anti-women as they come. He led the opposition to the Lily Ledbetter Act and the Paycheck Fairness Act, legislation designed to end the systematic wage discrimination that makes it hard for women -- and especially hard for women of color, who have to contend with racial as well as sex-based discrimination -- to build up wealth or save for their children's education or their own retirement.

Boehner has also boasted that he'll use his position to block women from having access to reproductive health care, including abortion and birth control. Think about that: John Boehner wouldn't dream of withholding any form of health care from men, but as far as he's concerned women's health care is fair game.

The harsh reality is that men like Antonin Scalia, John Boehner and other right-wing ideologues are determined to use their power to keep women down. That is why we need an explicit guarantee of equality for women in the Constitution -- and why the National Organization for Women won't stop fighting until we achieve it.

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04:29 PM on 01/23/2011
I consider Scalia's views about women outrageous, and a big setback to the conservative movement, but what about the several liberals on the Supreme Court who have supported discrimnation against men in the name of affirmative action, in violation of the 14th Amendment? The ACLU even filed lawsuits in California to prevent men from receiving their 14th Amendment rights. People have good reasons to be suspicious of Feminists. They want AA, quotas, and special rights, NOT equal rights. Let's just have equal rights for ALL, regardless of race and gender, and junk quotas and AA and preferential treatment.
04:21 PM on 01/23/2011
It would be excellent to have constitutional protections of equal rights for women AND MEN alike, but the Feminists are the real obstacle. They want discrimination against men in order to fulfill quotas. They want equal pay for UNEQUAL work. Many want state discrimination against churches that do not ordain women and which oppose abortion. Many want to censor politically "incorrect" free speech in violation of the 1st Amendment. This may include the ceensorship of nearly all printed materials produced prior to 1984, and much after then. While I must disagree with Antonin Scalia on his opinions about women, I object to the discrimination against men that is necessary to fulfill Feminist demands for rigid quotas and equal collective outcomes as opposed to equal individual rights. I also object to the highly fraudulent 76 cent statistic, which is based on a highly simplistic invalid method and overlooks the fact that women work an average of 15% fewer hours than men, and the fact that the top 1% of men earn 37-52% of male income, thus skewing the average male income upward. Women are already twice as likely as men to attend college, yet Feminists still insist on affirmative action. I would support constitutional provisions to protect women's EQUAL (not special) rights as long as men's equal rights and freedom of speech and religious freedom are also protected.
11:41 AM on 01/08/2011
We're forgetting someone. Scalia also explicitly stated that gay people are excluded from the 14th Amendment guarantee of equal protection. Gays aren't "persons" either.
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Eileenla
Author, "Sacred Economics"
10:57 AM on 01/08/2011
What's bizarre and filled with hypocrisy about Scalia's opinion is that it's based on the fact women were around when the constitution was written, but weren't explicitly written into it or reffered to in its text. Well...so were corporations around, yet their rights of "personhood" are never once mentioned either. So this strict "constructionist" is willing to deny women their rights but offer non-specified rights to companies. Nice.
07:42 AM on 01/08/2011
"no explicit mention of women's rights?"
But there's no explicit mention of MEN's rights either!
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Karl Richard
06:15 AM on 01/08/2011
We do not need to to change the document because the "any person" is too hard to understand.

Person, noun:

1,) A human being (not company) whether man, woman or child.

4.) philosophy: a self-concious or rational being.

I prefer the fourth one. Makes it constitutional to discriminate against Republicans. ;) lol
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Readbetweentheelevens
"You can't turn the wind, so turn the sail."
01:35 AM on 01/08/2011
"Think about it: a sitting justice of the United States Supreme Court doesn't consider half the population to be "persons" by the Constitution."

Just impeach him. If there was ever a reason to impeach a sitting judge, this is it.
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Jeremy Perron
03:22 AM on 01/08/2011
Actually, as much as I think don't like him, it does not actually, add up to 'high and misdemeanors' to impeach him.
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Readbetweentheelevens
"You can't turn the wind, so turn the sail."
09:08 AM on 01/08/2011
Wrong standard. He can be removed for ethical violations and any crime. Did he give testimony at his confirmation hearing regarding his views that women were not protected by the 14th Amendment? Do you think he would have been confirmed if he said as much when he had a chance to present his radical views prior to confirmation? Did he have a duty to present his radicalism prior to confirmation?

You have the House about to have a symbolic vote to repeal a health bill, but not one Democrat will stand up and propose the correct solution for a Judge who can't find women in the word "person"? Cowards.
11:31 AM on 01/08/2011
Scalia would have been removed from many lower courts. Unfortunately, one flaw in our Constitution is that it makes removing a Supreme Court justice too difficult. FDR got the conservative Supreme Court of his day to issue more centrist rulings by threatening to add more justices, a move that the constitution permits. If Obama weren't courting the right wing, he might do the same thing.

Our country is less and less a reflection of what its people want it to be, and more and more a toy of corporations and the right wing. I though the worst was over when George W. Bush left office, but the Supreme Court showed its contempt for the democratic process with Citizens United. If we don't take action, this time in history may be remembered as a tipping point toward a new, non-democratic United States.
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Jeremy Perron
01:26 AM on 01/08/2011
My problem is it seems NOW is just sort of yielding to Scalia's argument. To me the ERA was mistake in strategy all time should have been put getting progressives elected and appointed to the Supreme Court then the 14th amendment would be in full force and undermined.
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Hdaryl01
12:56 AM on 01/08/2011
(Part1)
This is very disturbing political theater. Yesterday, was January 6, 2011. Yesterday, January 6, 2011, The House became Republican. The Senate became much less Democrat majority. Before that, for the entirety of the preceding two year period from 01/20/09, the President (Obama) was a Democrat, the House, led by Democrat House Majority Leader Nancy Pelosi (female/woman), had a very substantial Democrat majority, as did the Senate led by Democrat Majority Leader Harry Reid, with a large Democrat majority.

Just exactly where was NOW, and where has NOW been the last 2 years? When all 3 branches of government were controlled by DEMOCRATS? Why protest now, NOW? The truth is, NOW doesn't really want an ERA-not yesterday, not today, and not tomorrow. The reason NOW is protesting now is because NOW understands it will be a fruitless effort now, that can be used to smear Republicans. It's truly a sad day when Larry Flynt was advocating for an ERA last year, but not NOW...
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Hdaryl01
12:56 AM on 01/08/2011
(Part 2)
What NOW wants is equal, or even preferential rights. NOW is not interested in equal responsibility. NOW would like to ensure that women get all rights, privileges, and benefits, without having to endure the accompanying responsibilitites that go hand in hand with equal rights. If NOW was in fact interested in true equality it would be performing sit ins and loud protests in Selective Service Offices demanding that women, as well as men, not be denied their EQUAL RESPONSIBILITY AND OBLIGATION to register for selective service-this is but one example of a responsibility unequally borne by men. But, ehere is NOW on this RESPONSIBILITY issue? They have been quite content to endure THIS discrimination....

In addition, any equal rights clarification needs to state PERSON. How does a transgendered person benefit from men or women language? All people.....one principle....same standard....no preferences....no deferential in treatment.

Today's Feminism is yesterday's news, and will be until it become HUMANIST as it should be in the first place.
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SirenForSanity
Hi De Hi Hi De Ho Times
02:06 AM on 01/08/2011
Other than registering for the selective service, what are these other responsibilities you mention?
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Hdaryl01
04:18 AM on 01/08/2011
How many should there be....with equality there should be ZERO.
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Hdaryl01
04:44 AM on 01/08/2011
It's not a small matter:

All MALES in the U.S. must register with Selective Service within 30 days of their 18th birthday.

Failure to register as required is grounds for denying US citizenship.

MEN who were FEMALE at birth and have changed sex are not required to register.

Failure to register can lead to denial of Pell Grants.

MEN who fail to register and do not do so could face up to five years in jail or a fine up to $250,000 if convicted.

Federal laws requiring that to receive financial aid, federal grants and loans, certain government benefits, eligibility for most federal employment, and (if the person is an immigrant) eligibility for citizenship, a young MAN had to be registered (or had to have been registered, if they are over 26 but were required to register between 18 and 26) with Selective Service. Those who were required to register, but failed to do so before they turn 26, are no longer allowed to register, and thus may be permanently barred from federal jobs and other benefits.

Most states, as well as the District of Columbia, Guam, Northern Mariana Islands, and Virgin Islands, have laws requiring registration in order for men 18–25 to be eligible for programs that vary on a per-jurisdiction basis but typically include driver's licenses, state-funded higher education benefits, and state government jobs. Alaska requires registration in order to receive an Alaska Permanent Fund dividend.

Shouldn't WOMEN be treated EQUALLY? Where's the outrage?
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Jeremy Perron
03:26 AM on 01/08/2011
Funny thing was I actually liked your first post when you made more sense this however is just silly. If the ERA had been past then women would have had to register for the selective service!
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Hdaryl01
04:16 AM on 01/08/2011
Exactly! That's the point!
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Hdaryl01
04:22 AM on 01/08/2011
Are they fighting for, and demanding equal responsibilities? Equal obligations?
11:13 PM on 01/07/2011
I think if men had been excluded from basic rights for decades and decades (such as the right to own property!) that they would be demanding a pretty clear amendment mentioning the word "men" in it, not just "person". Whether or not it makes any sense legally, I mean. Just the spirit of it.

There needs to be a world-wide ERA for women.
05:19 PM on 01/14/2011
Yes, but then they would be have been the underclass. In otherwords, they would have been the women in the scenario...
11:00 PM on 01/07/2011
The legal and constitutional issues here are interesting and debatable. Do we need an ERA, or not, etc. However, I feel there is always a reason why someone like Scalia says something. And the reason he says something can't be trusted or rationalized away. He is not to be trusted no matter what he says.

Whether or not he is making a horribly revealing comment about his understanding of the intent of the constitution , or is simply stating a constitutional interpretation that is a fairly standard one ("originalism"?) the fact remains that he is a proven right-wing shill. So whether you are pro-ERA or not, perhaps we could all agree that what he says is not good news for women, or any of us.
10:25 AM on 01/08/2011
Exactly!
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johnny g locker
10:43 PM on 01/07/2011
Is there anything in the Constitution about guaranteeing the rights of men?
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radiodog
Retired school superintendent and US Army veteran
12:41 AM on 01/08/2011
Yes, read it. Yet the point is that our Justice Scalia specifically stated that women (not men) are excluded from the equal protection clause in the 14th amendment.
10:00 PM on 01/07/2011
No offense, NOW should change it's name to THEN. Many women like myself have moved on and do not need (and never did) an Amendment to the Constitution to determine our self worth. We are full citizens. We participate. Now move on to more important issues like the plight of women in countries where we aren't allowed to learn to read.
11:09 PM on 01/07/2011
I think they would argue that in many cases we aren't "full citizens" under the law. De facto, I mean. Just saying. Don't know if I agree with your sentiments or theirs. One of those complex issues.

I cannot agree that the mostly-all-white-men who "run this country" (whether in private or public life) are all jumping up and down about women gaining ever more power in this country. Women think and act differently than men, by and large, and we would run this country very differently I believe. I am not saying all women, of course. But if suddenly Congress was 90% women and 90% of corporate uppity-ups were women, I believe things would be different in the world. So the males resist this.

I also don't think the ERA and those who supported it, or still support it, would say it is about their personal self-worth. It is about laws, and the enforcement of those laws. Equal pay, health care, discrimination issues, etc. Important stuff

Ideally, I think our constitution should be re-written in such a way that it SCREAMS that we are all equal NO MATTER WHAT NO MATTER WHEN NO MATTER HOW... without any gray areas. I know this is silly, and many will say it already says that, but still the spirit of it could be a bit more updated and clear don't you think? Just thinking outloud here....
04:02 PM on 01/14/2011
The issue is not about how you determine your self worth. The issue is what are your rights! Did you actually read what Scalia said? He is explicitly saying that women are not full citizens, and he has far more power to enforce his determination than you, or I, or NOW. How do you "move on" from a Justice of SCOTUS saying that you are not entitled to equal protection? If you think that women in the United States do not continue to face discrimination and unequal treatment, your head is buried in the sand. Should we just take the gender pay gap in stride because at least we're allowed to learn how to read? Sorry, that's not good enough.
05:19 PM on 01/14/2011
It's exactly about self worth. If you can't stand up for yourself by now, you never will. I've been in the workforce for 35 years, so please do not lecture me about "discrimination and unequal treatment" in the work place. I was fighting this fight long before you were probably born. And Justice Scalia did not say that women were not ENTITLED to equal protection. He said that it was not explicitly defined in the Constitution.
09:24 PM on 01/07/2011
These so called strict constitutionalist's would I guess restrict voting to men who own property
09:48 PM on 01/07/2011
Except the Constitution was amended...hence the 19th Amendment, so therefore women's right to vote is Constitutional, strictly speaking...