The Constitution is silent on the mechanics of an Article V Convention and what amendments might be considered?
One amendment might be the ERA. It reads: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” The STOP ERA movement led by Phyllis Schlafly prevented the ERA from becoming law by lobbying state legislators.
The ERA failed twice to meet the constitutional requirements to become law by the Congressional method. Seven years were allotted for its passage. The amendment was three states short of ratification. Congress granted an extension of three years It failed again. A Convention of States would offer a new opportunity for the ERA to become law. If this were to happen it would be a gift to the radicals.
The media always said the ERA is for the rights of women but the word women does not appear in the ERA. The operative word is sex. In 2017 the Equality Act was passed in the House of Representatives. In it the term sex now includes the meaning gender identity.
John Schlafly, an attorney at the Phyllis Schlafly Center has said, “with few exceptions, the Democratic Party is committed to redefining sex to include gender identity. That redefinition is part of the Equality Act which every House Democrat voted for. Democrat-appointed federal judges would interpret all laws that way, including the ERA if it became part of the Constitution. They constantly repeat the slogan that 'Trans women are women' even if they have male bodies. That would be the end of women’s sports and girls’ sports.”
In 2020 Florida passed a law protecting female athletes from biological males who claim to be female. Chelsea Mitchell, a female H.S. athlete from Connecticut interviewed in the media at the signing of the 2020 Florida law by Governor DeSantis said that for four years she competed in her home state against biological men who claimed to be female and lost every race and scholarships to colleges. The Equality Act punishes female athletes. A Constitutional ERA would nullify the Florida law protecting women athletes. The Florida Legislature should rescind their 2014 application for a Convention of States.
In conclusion, we must be wary of the efforts of Mark Levin and others to convene a constitutional convention. The wise expressions of Chief Justice Burger and Justice Scalia in opposition to COS are cautionary and should be given due diligence.
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