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View Diary: Democrats re-re-re-reintroduce Equal Rights Amendment ... but shhhh, don't tell anyone (57 comments)

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  •  Wouldn't it simply codify (0+ / 0-)

    Virginia v. Black?  I imagine the interpretation of the constitutional text and the application to statutes would be the same, given that the same courts would interpret both, but that gender couldn't be written out of the EP clause.  The passing few laws that survive intermediate plus scrutiny would similarly not "abridge" a right by gender, to the exact extent a state the classification was adequately tailored to an important interest.

    Difficult, difficult, lemon difficult.

    by Loge on Thu Mar 07, 2013 at 09:35:53 AM PST

    [ Parent ]

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