Geoffrey Stone on Illinois' Ratification of the Equal Rights Amendment

Illinois approves Equal Rights Amendment, 36 years after deadline

Whether the amendment can be added to the nation’s founding document is still a matter of debate among constitutional experts. Geoffrey Stone, a professor at the University of Chicago who specializes in constitutional law, said it’s unclear “there’s an obvious right or wrong answer.”

Some critics have also questioned the necessity of such an amendment, saying federal laws have already been passed to extend equal rights to women. Stone said ratification of the amendment “would make some difference in marginal cases where the law allows discrimination today” and “lock in” many of the federal protections women have gained over the decades.

“The main reason for adopting the Equal Rights Amendment today if one could legally, constitutionally do it would be the symbolic importance of it,” Stone said. “The rejection of it is in some ways insulting. So, the symbolic importance of it is to who we are as a nation — what our aspirations are, what our values are. That in itself is an important affirmation of who we are.”

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