Back when I was in high school, the Equal Rights Amendment was in the news. (Yes, I am that old.) We debated it, researched it, wrote papers on it, and held mock elections. Boys carried signs calling it the “Equal Restrooms Amendment.” (They were making fun of the ERA, but in fact, restroom parity seemed like a good idea at the time, as there was always a line in the women’s room, but never one in the men’s. But I digress.)
Now, with the ERA poised to become law (perhaps) since Virginia ratified it, the most important issue to some is how it will affect restrooms. Pearls are being clutched over the idea that any male – and especially transgender ones – can just walk into a women’s bathroom, locker room, or shower room and peep at the girls. Or worse. There’s also a lot of talk about men being able to compete in women’s sports and win all the prizes.
People don’t believe me when I tell them that the entire text of the amendment reads:
Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
Sec. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Sec. 3. This amendment shall take effect two years after the date of ratification.
That’s it. Not a word about restrooms or sports. According to section two, the states can make any laws they want about restroom restrictions or sporting events, and the courts (now packed with Republicans) will decide whether they are constitutional – whether they abide by the ERA.
It’s also important to note that there are already laws that say men are not allowed to stalk, molest, kidnap, or otherwise harass women or children in restrooms, or anywhere else for that matter. Of course, these laws do not prevent men from doing so, but they establish penalties should anyone transgress. The ERA would not change these laws.
Really, the hubbub seems to be more about transgender individuals, who (at least according to the opponents) decide every day which gender they wish to be. And individuals with penises – always a danger to women who necessarily have their pants down. Or transgender individuals who have not had their penises removed. Or something. (The prospect of lesbians peeping in women’s restrooms is never addressed, perhaps because it is not a real problem.)
And let’s not forget men participating in women’s sports. Or having an unfair advantage if they do. Or something. Never mind that there are many sports, such as marathon races, that allow both women and men to participate. Yes, the men usually do better than the women, but that’s not the point. Women used to be arrested for trying to run in a marathon. Now they can, all without the ERA. (Title IX, which dictates parity in women’s and men’s sports in publically funded institutions like schools and colleges, is something totally else.)
But let’s get back to the intent of the ERA, those three tiny sections (not hundreds of pages of documents, as some have claimed and apparently believe). Their purpose is to establish equal rights for women – and men – in matters such as pay, law, education, advancement, opportunities, and areas where women are at a disadvantage simply because they are women.
But notice that men would be covered by the amendment as well. It’s not called the Women’s Rights Amendment, after all, and there’s a reason for that. In areas such as child custody, for example, where women have the advantage simply because they are women, men would have equal rights under the law.
It’s sad that there is so much fear, misunderstanding, and falsehoods about what is really a simple concept – equality under the law. The right to be treated equally by organizations and institutions. The explicit right to be protected by the Constitution, for all citizens.
But it’s not about the restrooms. It was never about the restrooms.