Ken Blanchard here.
Regarding the VMI case Roberta Francis mentions, I think her point (and mine) would be that sex discrimination should have a Constitutionally-protected level of "strict scrutiny," and if the ERA had passed in the 70's, this case wouldn't have been an issue because that standard would have been in place. As it is, the courts had to construct the "heightened scrunity" standard, which may be altered over the years by future court decisions. Whether the court found for or against the United States in the VMI case isn't really the point.
The fact that women needed to file suit in the first place is the problem.As Francis mentions, we live in a country where men are born with Constitutionally-protected rights. Historically, women have had to prove we hold rights, through filing lawsuits, ratifying Constitutional amendments (right to vote), or passing legislation. That's not an acceptable situation for women in the United States in 2007. Women's rights should not be subject to a vote of Congress, a Supreme Court decision, or a vote of the people (as we saw in South Dakota in 2006) because we should hold these rights due to the fact that we are human beings (and when specifically talking about the WEA, United States citizens).
I am probably not the right person with whom to have this discussion, because to me the symbolic reasons for adding the WEA to the Constitution are enough for me to support it. I can't see any reason why the Constitution should not specifically state the fact 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. This is personal to me and to a lot of other women.
Ken Blanchard went on to ask for civility from me, taking issue with my previous comment that "[i]t is amazing how frightened people get when faced with the idea of equality in the law for women." I would mention first of all that I purposely used the word "people" as a general term - which included Prof. Blanchard but did not specifically point him out.
A lot of people genuinely are afraid of the effects of this amendment, including Prof. Blanchard, which I know because he specifically posted what he considered to be possible unintended consequences of the WEA. I think conservatives tend to believe the WEA will do big scary things that it really won't. Phyllis Schlafly thinks we'll all be peeing in the same bathrooms, Bob Ellis thinks this will open the door to same-sex marriage, and Ken Blanchard wonders if the WEA will remove the presumption of innocence from men in rape or sexual harassment cases. Prof. Blanchard's fear is without a doubt more reasonable, but I think the thought process that prompted the comment is not that different from Schlafly's or Ellis's. (I would like to point out here that I do not believe Blanchard, Schlafly, and Ellis have the same or even similar opinions of women or women's rights - but, again, all three of them seem to think "Good Heavens! Whatever will we do?" while most Americans are surprised the ERA wasn't passed the first time.)
While I have everyone's attention, I was also interested in
Blanchard's post about pay equity, much of which consists of quotes from a Washington Post article by Carrie Lucas. She addresses why she thinks women work, what they hope to get out of a job, and why these expectations may lead to lower-paying work.
This is particularly interesting to me personally, as I prepare to leave my full-time job to enter a (male-dominated) graduate program, in the eventual hope of entering the (heavily male) academic job market in one of the social sciences. I have, of course, been advised to be open to relocation, travel, and spending a lot of time on my work - all things that Lucas says most women want to avoid. I apparently buck the trend, since none of these things bother me so much. Regardless of this, trusted advisors in the (yes, I'll say it) heavily left-wing academy have also given me a laundry list of expectations for women: "If you hope to be employable as a woman in this field, you need to (blah blah blah blah blah)."
In my view, we're damned if we choose the mommy track, and we're damned if we don't.