How Will Courts Be Affected by Ratification of the Equal Rights Amendment?
The ERA will have a positive effect on the judicial system in two important ways. By stimulating legislative reform, it will help reduce the number of claims to be resolved in the courts. Where compliance is not achieved through legislative reform, the amendment will give courts clearer guideposts than currently exist for deciding sex discrimination claims. In the many States where gender bias in the law has not been eliminated through legislative reform, victims of this bias have been turning increasingly to the courts, relying on existing Federal and State constitutional provisions for redress. Unfortunately, most State constitutions do not expressly prohibit sex discrimination, and without the ERA, the Federal Constitution similarly fails to provide adequate or sure relief. The 14th amendment to the U.S. Constitution, most frequently the basis for sex discrimination suits, offers uneven and uncertain protection against sex bias. The 14th amendment together with the 13th and 15th ame
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