It is perpetually shameful to see another year go by without agreement that all Americans, regardless of their sex, deserve equal rights and protection under the law. Like other federal issues bogged down by politics, the Equal Rights Amendment has had to find its way into law through statehouses.

Twenty-six other states have enacted their own ERA. This year, Maine legislators are considering whether to join them by passing L.D. 344 and sending the issue to Maine voters.

Opponents argue that Mainers already have all the fairness we deserve, and that sex discrimination is covered by the U.S. Constitution’s 14th and 19th amendments and the Maine Human Rights Commission’s mandate. If that were true, why would so many continue to fight so hard for something they already have?

Under current statute, sex discrimination largely falls under a patchwork of legislation and the inconsistently applied 14th Amendment, specifically written to protect the rights of men. Some issues, including domestic violence, sexual assault, incarceration, pensions and insurance discrimination, aren’t covered at all.

As we’ve all seen, even bedrock laws can fall victim to the latest election turnover or court decision. Laws that defend against sex discrimination are particularly vulnerable, and when they fall, the fight for equality must begin anew.

The role of a constitution is to clarify overarching principles and fundamental rights. If legislators believe – as they should – that all of their constituents deserve equal rights and protection under the law, they should have no qualms passing L.D. 344.

Karin Leuthy
Camden

Kelli Whitlock Burton
Waldoboro
co-leaders, Suit Up Maine

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