Without the ERA, the Constitution does not explicitly guarantee that the rights it protects are held equally by all citizens without regard to sex. The first and still the only right specifically affirmed as equal for women and men is the right to vote. The equal protection clause of the Constitution's 14th Amendment was first applied to sex discrimination only in 1971, and it has never been interpreted to grant equal rights on the basis of sex in the uniform and inclusive way that the ERA would. The ERA would provide a clearer judicial standard for deciding cases of sex discrimination, since federal and state courts (some working with state ERAs, some without) still reflect confusion and inconsistency in dealing with such claims. It would also clarify sex discrimination jurisprudence.



