Latest / Stuff You Should Know / Why is the Equal Rights Amendment still not ratified?
Transcript
- 0:01Speaker 1: Welcome to Stuff you Should Know, a production of I
- 0:04Speaker 1: Heart Radio. Hey, and welcome to the podcast. I'm Josh Clark,
- 0:13Speaker 1: and there's Charles to be Chuck Brian over there, and
- 0:16Speaker 1: Jerry's over there. The three amigos equal in every single way,
- 0:20Speaker 1: shape and form. Uh. And that makes this, of course
- 0:23Speaker 1: stuff you should know, which is basically its own sovereign
- 0:27Speaker 1: nation of equality. M yeah, oh yeah, man, come on
- 0:33Speaker 1: me thought Jerry had more power than we did. Nope,
- 0:36Speaker 1: not a drop more nor drop less. Nary you drop less? Charles, Yeah,
- 0:43Speaker 1: I do too. It's a nice place to be, It's
- 0:44Speaker 1: a nice state to live in, you know, mentally and
- 0:48Speaker 1: physically agreed. I think here at the beginning, we're gonna
- 0:52Speaker 1: do a rare We're not gonna read a listener mail,
- 0:55Speaker 1: but a rare front loaded listener mail alert. We got
- 1:01Speaker 1: um first of all. A couple of years ago, a
- 1:03Speaker 1: woman named Graine Bailey suggested the topic of the Equal
- 1:08Speaker 1: Rights Amendment uh, and at the time pointed out the
- 1:11Speaker 1: difference between the words suffragette and suffragist. I clearly did
- 1:16Speaker 1: not read that email close enough, because it took an
- 1:18Speaker 1: email last week after one of us said suffragette in
- 1:23Speaker 1: a in a recent episode. Uh, and a woman named
- 1:27Speaker 1: Mary malan Oscars emailed and said, hey, by the way,
- 1:32Speaker 1: look it up. I mean she wasn't mean, she was
- 1:34Speaker 1: very nice. That sounded like I was being not too nice.
- 1:38Speaker 1: She's very nice about it. She said, you know, look
- 1:40Speaker 1: it up. There's a suffragette is sort of a disparaging
- 1:44Speaker 1: term rather than suffragist, and it was tagged by you know,
- 1:49Speaker 1: reporters in the early nineteen hundreds a thing and I
- 1:53Speaker 1: think in Britain to mock people fighting for the women's
- 1:57Speaker 1: right to vote. And I didn't know that until then.
- 2:00Speaker 1: I'm glad to know, so thank you Mary. Once you
- 2:03Speaker 1: hear that, it's it makes total sense, you know. Well,
- 2:06Speaker 1: of course, I just I don't know. I never knew that.
- 2:07Speaker 1: I never thought about it. I didn't either. This is
- 2:10Speaker 1: how people learn stuff. I just assumed you were making
- 2:12Speaker 1: a Bowie reference in the episode. I thought it was
- 2:15Speaker 1: you that said I'm pretty sure with you, all right,
- 2:18Speaker 1: Well either way, let's go with you. Okay, okay, we
- 2:23Speaker 1: probably both did, or more more to the point, probably
- 2:26Speaker 1: was me. But either way, that was a I think,
- 2:28Speaker 1: hats off to you, buddy, for for coming up with
- 2:30Speaker 1: that one. Well, I'll not say it again. You know what, Oh,
- 2:35Speaker 1: you won't say it anymore? No, of course not. Okay,
- 2:37Speaker 1: I thought you said, well, and i'll say it again.
- 2:39Speaker 1: I think that's the opposite of what you were just saying, No,
- 2:43Speaker 1: I won't. So we're talking today about the Equal Rights Amendment, which,
- 2:49Speaker 1: um is it represents a really like discouragingly long swath
- 2:56Speaker 1: of American history. Um. But if you set if you
- 3:01Speaker 1: look at the whole thing just from a historian's eye
- 3:03Speaker 1: or even an anthropologist side, it's really really interesting the
- 3:07Speaker 1: history of this, the Equal Rights Amendment. If you kind
- 3:10Speaker 1: of look at it much more subjectively and empathetic, empathically, empathetically,
- 3:16Speaker 1: it's a lot harder to swallow, but it's still interesting. Nonetheless,
- 3:21Speaker 1: And the yeah, so the Equal Rights Amendment is a
- 3:26Speaker 1: constitutional amendment, a proposed constitutional amendment that would give women,
- 3:31Speaker 1: um equal protection under the law to men that you
- 3:35Speaker 1: could not discriminate you, No, you couldn't make a law
- 3:39Speaker 1: that discriminated on the basis of sex. And I'll bet
- 3:42Speaker 1: there's a lot of people out there chuck that say, well,
- 3:45Speaker 1: that's already in the constitution, isn't it. Because there was
- 3:48Speaker 1: a poll that the AP conducted into they found that
- 3:52Speaker 1: about the people they they contacted thought that there was
- 3:57Speaker 1: already equal protection for for women in the constitution. That's
- 4:01Speaker 1: just not the case. But the same poll found of
- 4:06Speaker 1: those respondents were in favor of enshrining that protection in
- 4:10Speaker 1: the Constitution. So it's kind of weird that it's not
- 4:13Speaker 1: in there. If people think it's already in there, and
- 4:16Speaker 1: then when they find out it's not, they're in favor
- 4:18Speaker 1: of it overwhelmingly. Yeah, and been we you know, we
- 4:21Speaker 1: just happen to live in a country where pent of
- 4:25Speaker 1: the American public could be in favor of certain legislation
- 4:28Speaker 1: and it would you know, could very possibly fall on
- 4:31Speaker 1: deaf ears when it comes to our politicians. Yeah, yes,
- 4:35Speaker 1: because bipartisan support has been defined in recent times as
- 4:39Speaker 1: you know, what the Houses of Congress agree to, not
- 4:43Speaker 1: necessarily what the public agrees to, which is a different
- 4:47Speaker 1: form of bipartisanship. And to me, if you ask me,
- 4:50Speaker 1: the more important one, like if the if the public
- 4:53Speaker 1: generally agrees on something, go with that. It seems like
- 4:57Speaker 1: since they're elected representatives in on Christ they should kind
- 5:01Speaker 1: of go with that. So h yes, I can't wait.
- 5:04Speaker 1: It's gonna be there's gonna be a lot of big
- 5:06Speaker 1: changes around here, everybody. Yes, it should we kind of
- 5:10Speaker 1: go back to the beginnings. Yes we should, because it's
- 5:13Speaker 1: you know, I associate the e r A with the
- 5:15Speaker 1: seventies and the Ways Live movement, as we'll see. But
- 5:18Speaker 1: it goes back a lot further than that. Yeah, it does.
- 5:21Speaker 1: And it's it's crazy to think that since the early
- 5:23Speaker 1: nineteen twenties they've been trying to get this enshrined in
- 5:25Speaker 1: the constitution and it still isn't in the year one.
- 5:29Speaker 1: But that is the case. Um. The first versions of
- 5:32Speaker 1: the Equal Rights Amendment were written up in the early
- 5:35Speaker 1: twenties by a suffragist UH named Alice Paul. Um. Some
- 5:39Speaker 1: other women, notably one Crystal Eastman, also helped out a lot,
- 5:44Speaker 1: and they also helped get the Nineteenth Amendment pass, which
- 5:47Speaker 1: gave women the right to vote UH in nineteen twenty
- 5:50Speaker 1: and they got together and said, UM, you know, I
- 5:53Speaker 1: think the next step, obviously should be just to go
- 5:56Speaker 1: ahead and put this in the constitution, that women have
- 5:58Speaker 1: equal rights like men in all facets of life. It's
- 6:02Speaker 1: worth pointing out here, UM that Um paul was a
- 6:06Speaker 1: Quaker and a leader of the National Women's Party for
- 6:09Speaker 1: like fifty years or something. Uh. And the reason I
- 6:12Speaker 1: mentioned she was a Quaker because she actually named the
- 6:16Speaker 1: amendment the Lucretia Mott Amendment, after another Quaker woman from
- 6:21Speaker 1: the nineteenth century who was also a suffragists as well
- 6:24Speaker 1: as an abolitionist. Yeah, if you peel back, you know,
- 6:27Speaker 1: the layer of early twentieth century or nineteenth century progressive
- 6:31Speaker 1: there's a about a percent chance they were a Quaker.
- 6:34Speaker 1: All sorts of good stuff during It's pretty interesting. Yeah,
- 6:37Speaker 1: it really is. We should do one on the Quakers
- 6:39Speaker 1: for sure. Yeah. I have a friend who's a Quaker,
- 6:42Speaker 1: and uh, she talks about Quaker meetings and Quaker weddings
- 6:46Speaker 1: and stuff, and it all just seems so chill and peaceful.
- 6:49Speaker 1: It's very appealing, right, Um. But so Lucretia Mott apparently
- 6:54Speaker 1: was among what's considered the the beginning of the first
- 6:58Speaker 1: wave of feminism. Where was you know, Um, not only
- 7:02Speaker 1: do women need the right to vote? And this is
- 7:04Speaker 1: like the eighteen thirties, eighteen forties, I think, because when
- 7:07Speaker 1: she was really beginning to be active, Um, not only
- 7:10Speaker 1: should women have the right to vote, but um, these
- 7:13Speaker 1: people were also very frequently also abolitionists. Right, So when
- 7:18Speaker 1: UM Congress started passing laws that protected the rights, that
- 7:22Speaker 1: enshrined the rights of African Americans into the Constitution, into
- 7:26Speaker 1: the law of the land, saying you cannot discriminate against
- 7:32Speaker 1: people who based on their because their African Americans are
- 7:36Speaker 1: based on their race. UM, women said, well, hey, just
- 7:39Speaker 1: add sex in there, add sex, like, let's let's put
- 7:43Speaker 1: that into the fourteenth Amendment. And UM, that didn't make it.
- 7:47Speaker 1: It didn't make it into any of the amendments. And
- 7:50Speaker 1: that was a I don't think it caused a rift
- 7:52Speaker 1: or anything like that, but I think it was extremely
- 7:54Speaker 1: disappointing to the suffragists who had also worked for abolition
- 7:58Speaker 1: as well, that the two things couldn't go hand in hand. So, UM,
- 8:02Speaker 1: African Americans started to gain civil rights decades before women did.
- 8:07Speaker 1: Women gained the right to vote, UM, and women just
- 8:10Speaker 1: kind of had to carry on. The suffragist movement continued
- 8:13Speaker 1: on even after the abolitionist movement was successful. Yeah, and
- 8:18Speaker 1: then nineteen three Alice Paul said, well, here's what we'll do,
- 8:22Speaker 1: will reward this amendment that we've written. So it sounds
- 8:26Speaker 1: more constitutional, I guess, And so it sounds a little
- 8:30Speaker 1: more like the fourteenth Amendment, and the new version basically
- 8:34Speaker 1: said equal rights. I'm sorry, equality of rights under the
- 8:37Speaker 1: law shall not be denied or a bridge by the
- 8:39Speaker 1: United States or by any state on account of sex.
- 8:43Speaker 1: And you know, once again, this was proposed and um,
- 8:48Speaker 1: you know for about thirty years in most sessions I
- 8:51Speaker 1: think every session of Congress, every single one, and didn't
- 8:54Speaker 1: get a lot of support. Um. And you know, it's
- 8:57Speaker 1: not to say that all men in politics were against it,
- 9:01Speaker 1: but it certainly was not their legislative priority, clearly. And
- 9:05Speaker 1: if you have a run from n to nineteen seventy
- 9:08Speaker 1: with only ten women serving in the Senate, never more
- 9:12Speaker 1: than two at a time, then the writings on the
- 9:14Speaker 1: wall that the e r A is is not just
- 9:16Speaker 1: it's just not going to be a top priority. I know.
- 9:18Speaker 1: But that's sad writing, you know what I mean, Like
- 9:20Speaker 1: the fact that there weren't women, uh in Congress. It
- 9:23Speaker 1: certainly doesn't let men off the hook like they can't
- 9:26Speaker 1: do they can't pass this, can't possibly take up legislation
- 9:30Speaker 1: that guarantees the equal rights to women because we're moon
- 9:33Speaker 1: you know, like that's that's very bothersome. But there's something
- 9:37Speaker 1: else in there, chuck. So from nineteen twenty three when
- 9:42Speaker 1: Alice Paul first introduced that, all the way through to
- 9:46Speaker 1: nine seventy, it was taken up in every session of
- 9:50Speaker 1: Congress and it failed. And one of the things that
- 9:53Speaker 1: stuck out to me was that there was a guy
- 9:55Speaker 1: who um oversaw the House I think the House Judiciary Committee, um,
- 10:00Speaker 1: and he was a Democrat from New York and he
- 10:04Speaker 1: put the kai bosh on it. Emmanuel Seller. Yeah, so
- 10:08Speaker 1: he put the kai bosh on. He would not let
- 10:10Speaker 1: it get to a vote. And I was like, why
- 10:12Speaker 1: this guy was a Democrat in New York, what was
- 10:14Speaker 1: his problem? And it turns out that the opposition to
- 10:18Speaker 1: the e r A, which is now very clearly amongst
- 10:21Speaker 1: like it's liberals are for it, Progressives are for it,
- 10:25Speaker 1: Conservatives are typically against it. Um. It used to be
- 10:28Speaker 1: flip flopped where the liberals, especially New Deal liberals like
- 10:32Speaker 1: Eleanor Roosevelt, were against the Equal Rights Amendment and conservatives
- 10:37Speaker 1: like Eisenhower conservatives were typically in favor of it. In
- 10:41Speaker 1: that bizarre yeah it is. I mean Roosevelt, she had
- 10:45Speaker 1: her reasons. She wasn't just like, oh, I don't think
- 10:47Speaker 1: women should have rights. I think she said, you know,
- 10:51Speaker 1: she thought it would undermine workplace protections. Um. She was
- 10:55Speaker 1: a part of Kennedy's commission. She chaired the commission, the
- 10:59Speaker 1: President's Commission on the Status of Women, which I think
- 11:02Speaker 1: the result was released posthuous posthumously that said it wasn't
- 11:05Speaker 1: the ra A wasn't necessary, and she she kind of
- 11:10Speaker 1: came around a little bit. She never gave a full
- 11:11Speaker 1: throated endorsement, but she kind of stopped talking out against it.
- 11:14Speaker 1: I think at a certain point she used to debate
- 11:17Speaker 1: Alice Paul like publicly. They would, you know, have back
- 11:20Speaker 1: and forth debates over you know, whether the e r
- 11:23Speaker 1: A was needed and how helpful it was going to be. So,
- 11:26Speaker 1: I mean, you don't like I I know that um
- 11:28Speaker 1: Eleanor Roosevelt is frequently criticized as not uh out right
- 11:34Speaker 1: feminist enough in a lot of ways, but she also
- 11:37Speaker 1: clearly seems to have been a feminist in her own
- 11:40Speaker 1: way for sure. Yeah, and we should point out to that.
- 11:43Speaker 1: Emmanuel Seller in ninety two, in a very big upset,
- 11:47Speaker 1: lost uh to a woman, an attorney named Elizabeth Holtzman,
- 11:51Speaker 1: largely due to his opposition to the era A. So yeah. Okay.
- 11:55Speaker 1: So so finally, by the early seventies, you're getting more
- 11:59Speaker 1: and more women who are starting to show up in
- 12:01Speaker 1: in Congress, um, like Bella as Bug and Shirley Chisholm,
- 12:06Speaker 1: and they basically said, like, this is our priority. We're
- 12:09Speaker 1: going to get this. This equal Rights Amendment finally passed
- 12:12Speaker 1: through Congress. And I don't know if it just happened
- 12:15Speaker 1: to be like an era of kind of bipartisan sentiment
- 12:19Speaker 1: um or what the deal was, but everybody finally came
- 12:24Speaker 1: together and that thing got passed. Like if a piece
- 12:28Speaker 1: of legislation has ever gotten passed, it was this one
- 12:31Speaker 1: in a bipartisan manner. Yeah. And you know what, Uh,
- 12:35Speaker 1: we'll get to how that passed. But a really big
- 12:37Speaker 1: reason is because it started becoming a big deal in
- 12:40Speaker 1: the media with this second wave, like you mentioned of
- 12:44Speaker 1: the women's lib movement, and in no small part by
- 12:47Speaker 1: a woman named Betty for Dan who wrote a book
- 12:50Speaker 1: called The Feminine Mystique that in nine sold a million copies.
- 12:56Speaker 1: And it's if she probably gets a at least a
- 12:59Speaker 1: short following her own she was really interesting. Um. The
- 13:03Speaker 1: reason she wrote this book is because she did a
- 13:06Speaker 1: survey for a college reunion for her former classmates, learned
- 13:11Speaker 1: that many of her former female classmates were not super
- 13:14Speaker 1: happy about being homemakers and not being able to work,
- 13:18Speaker 1: and center down a research rabbit hole on This kind
- 13:21Speaker 1: of became her passion project because she wanted to write
- 13:24Speaker 1: a magazine article, like a really in depth win. No
- 13:26Speaker 1: one wanted it, so she ended up publishing it as
- 13:29Speaker 1: a book called The Feminine Mystique, which kind of rocked
- 13:32Speaker 1: the world of America in the early early to mid sixties. Yeah,
- 13:36Speaker 1: because like in this book, she's basically saying, like this
- 13:38Speaker 1: whole this whole thing, we're all we're all going along
- 13:41Speaker 1: with this idea that the most the highest ideal a
- 13:46Speaker 1: woman can aspire to is to be the best wife
- 13:49Speaker 1: and mother she possibly can be, and that that's her identity.
- 13:52Speaker 1: It is as someone's wife, as someone's mother, that she
- 13:54Speaker 1: doesn't have her own identity that's independent of all of that.
- 13:58Speaker 1: That is a crushing a way to live for a
- 14:02Speaker 1: lot of women, not all women, as we'll see, but
- 14:04Speaker 1: a lot of women. And she spoke up for a
- 14:07Speaker 1: lot of them. Um, And I believe that this was
- 14:10Speaker 1: kind of it was already kind of out there in
- 14:13Speaker 1: pieces like people were talking about this, but Betty fre
- 14:15Speaker 1: Dan like put it all together and put it on
- 14:17Speaker 1: the map and got everyone talking. From what I've ever seen,
- 14:20Speaker 1: like almost single handedly started the second wave of feminism. Yeah,
- 14:25Speaker 1: and she put a pin in this little mini series.
- 14:28Speaker 1: She was played by Tracy Ullman UH in a mini
- 14:31Speaker 1: series last year called Mrs America that we're going to
- 14:34Speaker 1: get to a little more in depth than a second Yeah. So, um,
- 14:37Speaker 1: Betty fre Dan publishes the feminine mystique, like you said,
- 14:40Speaker 1: just totally rocked everybody's world for for better or worse
- 14:44Speaker 1: depending on your ideas about what the feminine mystique was about.
- 14:48Speaker 1: And saying, um, but yeah, like you're saying, like that
- 14:51Speaker 1: really laid the groundwork to this bipartisan um passing in
- 14:57Speaker 1: Congress of UH Equal Rights Amendment in nineteen seventy two,
- 15:02Speaker 1: I believe, right, Yeah, so it passes in a big way.
- 15:06Speaker 1: I think you said ninety three p Ninety three point
- 15:09Speaker 1: four in the House, ninety one point three in the Senate,
- 15:12Speaker 1: but which I can't wrap my head around that. How
- 15:14Speaker 1: did one third of a senator is that that senator
- 15:17Speaker 1: cross section of New Hampshire, Oklahoma and Michigan. Uh, here's
- 15:23Speaker 1: the deal, though. If you want something and shrined in
- 15:26Speaker 1: the constitution, that's a big deal in this country. They
- 15:29Speaker 1: don't do it willy nilly, nor should they um. But
- 15:33Speaker 1: you need not only like once it passes that it's
- 15:35Speaker 1: not automatic, then the state legislatures have to ratify it
- 15:39Speaker 1: by a two thirds margin, which means at least thirty
- 15:43Speaker 1: eight states have to ratify it. Um. And the e
- 15:47Speaker 1: r A had a stipulation that said, if that isn't
- 15:50Speaker 1: done in seven years, then you gotta go back to
- 15:53Speaker 1: the drawing board. And that was that was not in
- 15:55Speaker 1: the actual e r A. That was not in the
- 15:58Speaker 1: constitutional amendment. That was past and that's going to become
- 16:01Speaker 1: very important later. But it was in the legislation where
- 16:06Speaker 1: that e r A the amendment was sent to the
- 16:08Speaker 1: states for ratification, it said do this in seven years. Right, Okay,
- 16:13Speaker 1: that's that's just like that little slight distinction makes a
- 16:16Speaker 1: big difference down the road. Oh yeah, I mean the
- 16:19Speaker 1: r people pushing for the e r A certainly would
- 16:21Speaker 1: not have wanted an expiration date. No, And there's as
- 16:24Speaker 1: far as I could tell that they haven't ever attached
- 16:27Speaker 1: an expiration date to an amendment to be ratified before
- 16:30Speaker 1: it was just and it was also an arbitrary period
- 16:33Speaker 1: of time too, So just just chew on that, put
- 16:37Speaker 1: put that wadded up piece of gum in the back
- 16:39Speaker 1: of your cheek and save it for later. I wonder
- 16:42Speaker 1: in the debate if they were like, well, I mean,
- 16:44Speaker 1: how many years? Seven seven sounds good? Pour the Scotch. Uh.
- 16:53Speaker 1: So within one year, um, thirty of the thirty eight
- 16:57Speaker 1: states needed ratified it, which was super fast, and everyone
- 17:01Speaker 1: was like, you know, proponents like this is great, man,
- 17:04Speaker 1: it looks like this thing is gonna sail right into
- 17:06Speaker 1: the constitution. Uh. And then a woman popped up named
- 17:10Speaker 1: Phillis schlafe Lee and we're gonna take a break here
- 17:14Speaker 1: and we'll talk about Phillis right after this. And I guess,
- 17:42Speaker 1: depending on where your views are, Chuck, we should have
- 17:45Speaker 1: introduced Phillis chef Lee with the the Darth Vader theme
- 17:49Speaker 1: song when she made first makes her appear, Dune Dune, Dune, Dune.
- 17:56Speaker 1: It's exactly right. Did you watch any of these interviews
- 18:00Speaker 1: and debates, Yes, dude, you could. It's really interesting. If
- 18:04Speaker 1: you have your wits about you, you could despise everything
- 18:07Speaker 1: that ever came out of Philish Lafeley's mouth. It's very
- 18:10Speaker 1: very easy to do. Um. She equates gay people, which
- 18:15Speaker 1: I guess in the fashion of the time she calls homosexuals.
- 18:18Speaker 1: She calls them perverts. Says that they should not have
- 18:21Speaker 1: any rights afforded to married men and women. They shouldn't
- 18:25Speaker 1: be able to adopt children. She says, really despicable. I
- 18:30Speaker 1: didn't hear that one. She says a lot of very
- 18:32Speaker 1: despicable stuff. Um, and her whole viewpoint is despicable to
- 18:37Speaker 1: a lot of people. But there are very few people
- 18:42Speaker 1: walking around out there who have the poise and self
- 18:47Speaker 1: possession to go into the lions den and speak for
- 18:52Speaker 1: whatever she was convinced of was right. Um, that's you.
- 18:58Speaker 1: She has to be credited to at least that degree.
- 19:01Speaker 1: No matter what you think about her mind, she was
- 19:04Speaker 1: she had a lot of poise, I guess you could say.
- 19:06Speaker 1: And it's really kind of something to watch because I
- 19:08Speaker 1: saw this one. Did you see the the Good Morning
- 19:11Speaker 1: American debate from nine seventy between her and for Dan Yeah? Man,
- 19:15Speaker 1: And it's like it's really clear what a skilled debater
- 19:18Speaker 1: she was and how rattled she could get somebody. Yeah. Uh,
- 19:23Speaker 1: I mean she clearly. I felt bad for for Dan.
- 19:25Speaker 1: She was doing a good job, but she was she
- 19:28Speaker 1: was getting piste off and you could tell that she
- 19:30Speaker 1: just liked to get under people's skin while she just
- 19:33Speaker 1: remained perfectly, you know, erect in her seat with perfect posture.
- 19:38Speaker 1: And uh, that Mrs. America series, which it was on
- 19:41Speaker 1: our list and I'm gonna bump it back up to
- 19:43Speaker 1: next in line now to watch. But she was played,
- 19:46Speaker 1: um really really well judging from just the the accent
- 19:50Speaker 1: and the mannerisms by Cate Blanchett. It can do no wrong. Yeah,
- 19:53Speaker 1: I want to see that series too, um, but yes,
- 19:57Speaker 1: she so. If you see those two debating, it's like
- 19:59Speaker 1: a st in contrast, where Philis chaff Lee she Laughlely
- 20:04Speaker 1: is um basically sitting there at tea time at the
- 20:07Speaker 1: country club before the polo match. And Betty fre Dan,
- 20:11Speaker 1: if you put like a beret in sunglasses on a
- 20:13Speaker 1: French cigarette in her mouth, she's like sitting at the
- 20:16Speaker 1: beating at cafe, like listening to a poetry jam or
- 20:19Speaker 1: something like this. Just these two totally contrasting personalities. Be
- 20:24Speaker 1: A Cheffly debated her under the table, and it's not
- 20:26Speaker 1: like Betty fre Dan was was an intellectual slouch by
- 20:30Speaker 1: any measure. But it's just Philish Laughly could rattle anybody. Anybody,
- 20:36Speaker 1: she could rattle Santa Claus. I'm just gonna say it. Yeah,
- 20:39Speaker 1: I mean, she kind of made herself out to be
- 20:42Speaker 1: just this homemaker. Um. She would enter when she introduced
- 20:45Speaker 1: herself at engagement, she would thank her husband for letting
- 20:48Speaker 1: her come there. But when you kind of peek behind
- 20:50Speaker 1: the curtain, she had a master's in political science, she
- 20:54Speaker 1: had a law degree. She ran for Congress when she
- 20:57Speaker 1: was twenty seven years old and lost. And she was um,
- 21:02Speaker 1: sort of pre nineteen eighties, a big part in at
- 21:06Speaker 1: the very least, I don't even think they called it
- 21:08Speaker 1: the Christian Right at the time, that kind of organizing
- 21:10Speaker 1: what would later become the Christian Right movement. Yeah, you
- 21:13Speaker 1: can make a really good case that Philish laughy um
- 21:16Speaker 1: laid the groundwork for the current Republican Party in every
- 21:21Speaker 1: way from from Reagan onward to today. Um and and yeah,
- 21:26Speaker 1: she basically said like, I'm just a housewife from St. Louis,
- 21:29Speaker 1: proud housewife, wife and mother of six from St. Louis.
- 21:33Speaker 1: Um And in a lot of ways she was like
- 21:36Speaker 1: she made reference to law school during her debate to
- 21:40Speaker 1: Betty for Dan and she sounded like she was in
- 21:44Speaker 1: law school then, so it seems like she was just
- 21:49Speaker 1: a woman who said, I don't agree with this, and
- 21:52Speaker 1: I'm going to put a stop to it, and stood
- 21:54Speaker 1: in front of this unstoppable title wave and stopped it.
- 22:00Speaker 1: She stopped it. She stopped the E r A from
- 22:05Speaker 1: being ratified by the states right at the eleventh and
- 22:09Speaker 1: a half hour before it was ever passed and ratified
- 22:13Speaker 1: by the thirty eight states. You said they got thirty
- 22:15Speaker 1: states in the first year. By seven they were up
- 22:18Speaker 1: the thirty five states. They just needed three more, three
- 22:21Speaker 1: more states, and the whole thing was going to become
- 22:24Speaker 1: the law of the Lane. And Philish Slafely got in
- 22:27Speaker 1: the way of that almost single handedly at first. Yeah,
- 22:30Speaker 1: and you know she launched her her group was called
- 22:33Speaker 1: stop e r A, which you know, we obsess about acronyms.
- 22:38Speaker 1: It's sort of annoying when the first letter of an
- 22:40Speaker 1: acronym is the actual acronym. But stop ere A stood first,
- 22:44Speaker 1: stop taking our privileges. And her argument, you know, she
- 22:48Speaker 1: was like, and she used this to her advantage in
- 22:51Speaker 1: those debates, like see how angry these feminists are She's
- 22:54Speaker 1: she kind of coin that term. I think about the
- 22:57Speaker 1: angry women's Live movement. These angry feminists, they us want
- 23:00Speaker 1: they wanted to throw down everything that makes us a
- 23:04Speaker 1: female and everything that makes us women, and they want
- 23:07Speaker 1: to just set fire to it. And before you know what,
- 23:10Speaker 1: women are going to be able to be drafted in
- 23:12Speaker 1: the armed forces. Never happened. Uh, you know, they're they're
- 23:15Speaker 1: not going to be separate bathrooms or locker rooms anymore
- 23:17Speaker 1: from this point on. Not true. That started to happen
- 23:20Speaker 1: more in recent years, wrapped up same sex marriage. I
- 23:24Speaker 1: mean we'll we'll get to that. How she kind of
- 23:27Speaker 1: co opted gay rights and um, reproductive rights into all
- 23:31Speaker 1: this just to sort of coalesce that movement. Uh, and said,
- 23:36Speaker 1: you know, women are going to lose their right to
- 23:37Speaker 1: alimony and child support. Never happened. And just the life
- 23:41Speaker 1: as we know it, in the family as we know it.
- 23:43Speaker 1: And this is something fifty years on. All this stuff
- 23:45Speaker 1: is still so relevant, like the dissolution of what you know,
- 23:50Speaker 1: people think was the perfect family in nineteen fifty basically yeah,
- 23:55Speaker 1: because I mean so she was a troll, like a
- 23:57Speaker 1: a proto troll. But like the kind. You didn't do
- 24:00Speaker 1: it online, you did it in person. But her her
- 24:03Speaker 1: points were coherent and understandable to people who agreed with her,
- 24:08Speaker 1: and they were that like, yeah, like the man's role
- 24:11Speaker 1: is to provide for and take care of the woman,
- 24:14Speaker 1: and the woman provides like the domestic labor, and that's
- 24:17Speaker 1: just the division of labor between the sexes. And if
- 24:20Speaker 1: if we have the c r A, that's going to
- 24:23Speaker 1: go away, and then there's going to be all this
- 24:24Speaker 1: other horrible stuff of that's going to break down the
- 24:27Speaker 1: fabric of society and do we really want that? And
- 24:31Speaker 1: so by by taking the argument away from the idea
- 24:36Speaker 1: of whether women have a fundamental human right to equal
- 24:41Speaker 1: protection under the law as men, which is who disagrees
- 24:45Speaker 1: with that? Nobody disagrees with that, uh, and mixing it
- 24:49Speaker 1: up with all these other what ifs and potential social
- 24:52Speaker 1: outcomes and the ruin of the family, gay men teaching
- 24:55Speaker 1: your children at school, Um, that is what can alidated
- 25:00Speaker 1: people into a movement behind fellish laughly. And it was
- 25:04Speaker 1: it was really underhanded, but it worked really really well
- 25:08Speaker 1: and it still works today. Like she came up with
- 25:11Speaker 1: that from what I can tell. Yeah, in seventy three,
- 25:13Speaker 1: when Roevie Wade passed, she was again savvy enough to say, well,
- 25:18Speaker 1: here's something else I can I can seize on, and
- 25:22Speaker 1: I can wrap this up like there's a there's a whole.
- 25:25Speaker 1: There's a really large block of voters who are conservative
- 25:31Speaker 1: Christians who you know, we've never really intermingled politics like
- 25:34Speaker 1: that before. And so let's wrap this up in pro choice.
- 25:38Speaker 1: Let's wrap it up with gay rights, big culture war
- 25:41Speaker 1: issues of the time to kind of rally and like
- 25:43Speaker 1: I said, coalescence group together in order to defeat the
- 25:46Speaker 1: Equal Rights Amendment. And like you said it, you know
- 25:49Speaker 1: it worked in a big, big way. And uh, I
- 25:52Speaker 1: can't wait to watch that TV show. I can't either,
- 25:55Speaker 1: And I don't want to suck all the oxygen away
- 25:57Speaker 1: from Betty for Dan and the other feminists. But um,
- 26:00Speaker 1: I was saying that Phillish Laughley was a troll, a
- 26:03Speaker 1: proto troll. And if you read some of the stuff
- 26:06Speaker 1: that she said in public, sometimes she sounds like a
- 26:10Speaker 1: spokesperson for the Taliban. Like she said things like, um
- 26:14Speaker 1: that that sexual harassment on the job was not a
- 26:17Speaker 1: problem for virtuous women, like you know exactly, um or,
- 26:22Speaker 1: and that the Adam bomb was a marvelous gift that
- 26:24Speaker 1: was given to our country by a wise God. Just
- 26:27Speaker 1: things that would drive any any liberal or progressive, especially
- 26:32Speaker 1: a feminist, up the wall. And in fact, Betty for
- 26:35Speaker 1: Dan in this very famous debate from three years before
- 26:38Speaker 1: that Good Morning America appearance that you and I saw um,
- 26:41Speaker 1: she said, uh, you're you're, you're like you should be
- 26:45Speaker 1: burned at the stake for for betraying your your gender,
- 26:50Speaker 1: any favors and stuff like that, because that just allowed
- 26:53Speaker 1: Laughley to say, see there exactly, that's exactly right. But
- 26:56Speaker 1: she could just get under your skin like that. So
- 27:00Speaker 1: fast forward many many years too kind of now almost Uh.
- 27:06Speaker 1: In seventeen, after about forty years of not much movement, UH,
- 27:11Speaker 1: Nevada became the first New state to ratify the e
- 27:14Speaker 1: r A, thanks in no small part to State Senator
- 27:17Speaker 1: Pat Spearman, and she said, this bill is about a
- 27:21Speaker 1: quality period umen. Just a few years ago Illinois UM
- 27:26Speaker 1: came aboard as well. And now it's back up to
- 27:28Speaker 1: thirty seven. Did we mention that five of the states
- 27:32Speaker 1: d ratified or rescinded their ratification. I don't think we did.
- 27:36Speaker 1: We did not, and I think that's an important point here. Yeah, Nebraska, Tennessee, Idaho, Kentucky,
- 27:41Speaker 1: and South Dakota be very part of your legislatures. After
- 27:45Speaker 1: nineteen seventy seven, they um de ratified or de certified,
- 27:50Speaker 1: not de certified. They rescinded it. They did. They said,
- 27:53Speaker 1: this is based on there's actually precedence for that. Ohio
- 27:56Speaker 1: and New Jersey both rescinded their support for the Fourteenth
- 28:00Speaker 1: Amendment once their legislatures changed control to um white supremacists.
- 28:05Speaker 1: Basically in the nineteenth century, they said, we take back
- 28:08Speaker 1: our our vote for the fourteenth Amendment. It also said
- 28:11Speaker 1: a president though that Congress ignored that and still counted
- 28:15Speaker 1: Ohio and New Jersey as having ratified the Fourteenth Amendment
- 28:19Speaker 1: because they did officially, right, So it goes back up
- 28:22Speaker 1: to thirty five. Then, uh, Illinois made at thirty seven
- 28:26Speaker 1: in January of last year. It's crazy that it took
- 28:30Speaker 1: this long. Virginia finally became the thirty eight state, and
- 28:34Speaker 1: so proponents of the e r A said, all right,
- 28:36Speaker 1: we got there, that's the thirty eight um. This thing
- 28:40Speaker 1: should have never had an expiration date to begin with.
- 28:42Speaker 1: That's dumb. Whoever said seven years? And then Porto Scotch. Uh,
- 28:47Speaker 1: they should be burned at the stake. And um, they said,
- 28:51Speaker 1: let's just get this thing done. And they said, you
- 28:53Speaker 1: know what, back in seventy seven amendment was passed but
- 28:59Speaker 1: not ratified it until two hundred years later, two hundred
- 29:02Speaker 1: and two years, so like there's precedent there, and that
- 29:05Speaker 1: was about prohibiting the law raising or lowering taxes for
- 29:09Speaker 1: congressional salaries from taking effect until their next term, like big,
- 29:13Speaker 1: big stuff. Not knocking it. It's it's important, I guess.
- 29:17Speaker 1: But they said, you know that was done, so this
- 29:19Speaker 1: thing shouldn't have had an expiration date to begin with.
- 29:22Speaker 1: Opponents say, well, no, there was an expiration date, so
- 29:26Speaker 1: we have to honor it. And uh, that's you know,
- 29:30Speaker 1: that's the deal. Sorry. And there was even a three
- 29:32Speaker 1: year extension that brought it up too, and by the
- 29:36Speaker 1: time that extension was running out and it did not
- 29:39Speaker 1: look like anything was going to move or happen. There
- 29:41Speaker 1: no more states were going to move to ratify it.
- 29:44Speaker 1: Even the National Organization for Women and other feminist groups
- 29:49Speaker 1: basically through in the talent said it's done. We the
- 29:53Speaker 1: e r A lost this time. It's not gone forever,
- 29:55Speaker 1: but this amazing immense again tidal weight, this with just
- 30:01Speaker 1: the momentum of a freight train running through the country
- 30:05Speaker 1: is now dead just a few years after, which is
- 30:08Speaker 1: just nuts that that happened. It's just crazy. But that's
- 30:12Speaker 1: that's the fact that now thirty eight states have officially
- 30:16Speaker 1: voted in favor of ratifying. It set off a flurry
- 30:20Speaker 1: of lawsuits here in the United States, and when Virginia
- 30:23Speaker 1: became the last one in and basically everybody in anyone
- 30:27Speaker 1: suing the National Archives and Records Administration UM to either
- 30:32Speaker 1: certify and put it into the National Archives or the
- 30:35Speaker 1: National Record that UM that this is now a part
- 30:39Speaker 1: of the Constitution, or to not do that. And it's
- 30:42Speaker 1: totally up in the air of what that's going to be.
- 30:44Speaker 1: But apparently, UM, a lot of people, not everyone, because
- 30:49Speaker 1: there's plenty of people are like, it's official. Now take
- 30:51Speaker 1: all the b s away, and this is an official
- 30:53Speaker 1: law of the land. UM. There are plenty of people
- 30:56Speaker 1: who are proponents of the Equal Rights Amendment who say
- 30:58Speaker 1: we need to start over again. And one of those people,
- 31:01Speaker 1: UM was Ruth Bader Ginsburg who said it needs to
- 31:05Speaker 1: be voted on again. We need to pick up again.
- 31:07Speaker 1: Basically from square one. Yeah, and I think and we'll
- 31:11Speaker 1: talk about all this stuff. But I think there have
- 31:13Speaker 1: been so many laws enacted since then that do protect
- 31:17Speaker 1: so many of these rights. I think people like RBG
- 31:20Speaker 1: were like, you know what, let's start over, let's rewrite
- 31:23Speaker 1: it for the modern times, UM, making sure everything is
- 31:27Speaker 1: in there that we still need and yeah, and and
- 31:31Speaker 1: revote on it. And you know, I think that's reasonable,
- 31:33Speaker 1: So do that. So let's let's take a break, UM,
- 31:36Speaker 1: and then we'll talk come back and talk about those
- 31:39Speaker 1: questions like do we need the R and what would
- 31:40Speaker 1: happen if we did pass the R? How about that
- 31:43Speaker 1: sounds good? Alright, Chuck. So you made mention of like
- 32:10Speaker 1: a lot of laws that have been created since the
- 32:13Speaker 1: since UM the e R A was UM passed I
- 32:17Speaker 1: guess by Congress, uh, and even before then that protect
- 32:21Speaker 1: women as a as a form of what's called the
- 32:24Speaker 1: protective class in the United States. They're protective classes that
- 32:28Speaker 1: include UM races, religions, UM, sex, UH, the sexual orientation UH,
- 32:36Speaker 1: and gender identity. Is becoming a protected class. And if
- 32:38Speaker 1: you're a member of a protected class, it means that
- 32:40Speaker 1: if there's a law that excludes you from something, whether
- 32:43Speaker 1: intentionally or not, that law is considered discriminatory and you
- 32:49Speaker 1: can file a lawsuit against it, and then the courts
- 32:51Speaker 1: have to apply different um tests to it to see
- 32:55Speaker 1: just how discriminatory it is or if it's discriminatory at all,
- 32:58Speaker 1: and whether or not it should be struck down or
- 33:00Speaker 1: overruled um. And the reason that sex is a protected
- 33:05Speaker 1: class even without the Equal Rights Amendment is thanks very
- 33:10Speaker 1: much largely to Ruth Bader Ginsburg, who was an absolute
- 33:14Speaker 1: legal pioneer in figuring out how to get women the
- 33:19Speaker 1: protections under the law um that they were looking for
- 33:22Speaker 1: with the equal Equal Rights Amendment without the Equal Rights
- 33:25Speaker 1: Amendment being part of the constitution. Yeah, I mean, I
- 33:29Speaker 1: think people that say that we don't need the e
- 33:31Speaker 1: r A. And it's a very fine line between saying
- 33:35Speaker 1: I'm against the r A and saying I don't think
- 33:37Speaker 1: we need the e r A. It's it all falls
- 33:41Speaker 1: under the same banner ultimately. But people that say we
- 33:45Speaker 1: don't need the r A, say, you know, we got
- 33:47Speaker 1: the Civil Rights Act of nineteen sixty four, and race, color, religion, sex,
- 33:52Speaker 1: or national origin. You can't hire and fire peer higher
- 33:56Speaker 1: and fire people based on that. That applies to pay
- 33:59Speaker 1: and benefits to there's also the Equal Pay Act of
- 34:02Speaker 1: nineteen sixty three that say there should be equal pay
- 34:05Speaker 1: for equal work. That's didn't you know, in practice hasn't
- 34:09Speaker 1: worked out that way because there's still a wage gap.
- 34:10Speaker 1: We did a good episode on that. Yeah, that was
- 34:13Speaker 1: a good one. Violence Against Women Act of nineteen UH
- 34:18Speaker 1: saying here Federal resources for Domestic and Sexual violence. Um,
- 34:23Speaker 1: and you like prevention and prosecution of that counseling and UH,
- 34:29Speaker 1: this one however, and you know, put a pin in
- 34:31Speaker 1: this one, because this is one that is used also
- 34:34Speaker 1: for people that say we do need the A R
- 34:35Speaker 1: A because that one expired and is still hung up
- 34:40Speaker 1: and has not gotten congressional reauthorization since twenty nineteen because
- 34:44Speaker 1: of politics. The Violence Against Women Act. Yeah, and then
- 34:48Speaker 1: Title nine is the last one in nineteen seventy two. Uh.
- 34:52Speaker 1: Title nine is the one you hear about mostly in
- 34:53Speaker 1: college athletics that says, I mean, it says a lot
- 34:56Speaker 1: of things, but in terms of college athletics, that had
- 34:58Speaker 1: the biggest impact, saying you gotta have the same amount
- 35:01Speaker 1: of women's sports as men's sports. Uh, in the same
- 35:04Speaker 1: like accommodations and UH, scholarships and all that stuff. And
- 35:09Speaker 1: then so like, we don't need the e r A
- 35:11Speaker 1: because we have all these things. So yeah, so you
- 35:13Speaker 1: have law, and then you also have case law too.
- 35:17Speaker 1: That UM basically hinges on the fourteenth Amendment, which says
- 35:22Speaker 1: that a citizen of the United States can't be discriminated
- 35:25Speaker 1: against or or is do equal protection under the law
- 35:30Speaker 1: UM by the States and by the US. And that
- 35:34Speaker 1: was written in the in in um past, in the
- 35:37Speaker 1: Fourteenth Amendment in the wake of slavery. It was meant
- 35:40Speaker 1: to UM basically make free recently freed African Americans full
- 35:44Speaker 1: citizens in the United States. But it doesn't specify on
- 35:48Speaker 1: the basis of race or on the basis of religion.
- 35:52Speaker 1: It just says, if you're a U. S citizen, you
- 35:54Speaker 1: get equal protection under the law. And so Ruth Bader Ginsburg,
- 35:57Speaker 1: one of the reasons she's such a legal pioneer here
- 36:00Speaker 1: in this respect is because she's the one who figured
- 36:02Speaker 1: out how to argue that the Fourteenth Amendment applies to
- 36:05Speaker 1: sex as well. And the whole thing about legal stuff
- 36:09Speaker 1: and this is all new to me. But but it's
- 36:11Speaker 1: really kind of interesting is that depending on how enshrined
- 36:17Speaker 1: classes a protected group is in law. Um, the more
- 36:22Speaker 1: protected it is, the stricter the scrutiny that judges are
- 36:26Speaker 1: going to apply to determining whether a law is discriminatory
- 36:29Speaker 1: or not. And the most the most scrutiny you can
- 36:32Speaker 1: apply to something, it's called strict scrutiny, and that's typically
- 36:35Speaker 1: reserved for things that are protected by the Constitution. And
- 36:38Speaker 1: that means that if you have a law that even
- 36:40Speaker 1: remotely steps on the rights of one of those protected classes,
- 36:43Speaker 1: it's probably an illegal, discriminatory law. Yeah, how does that
- 36:49Speaker 1: work with how does that work in practice? Does that
- 36:53Speaker 1: mean they just spend more time or like what what
- 36:56Speaker 1: does that even mean? So? I think what it means
- 36:59Speaker 1: is that you if you pass a law, and let's
- 37:02Speaker 1: say that I pass a law and it accidentally discriminates
- 37:05Speaker 1: against your ability to get your hands on oatmeal. I
- 37:08Speaker 1: can get all the oatmeal I want, but you can't.
- 37:11Speaker 1: Let's say, in the Constitution, Chuck is specifically protected under
- 37:16Speaker 1: the law. That means that this law that prevents you
- 37:20Speaker 1: from getting oatmeal, that's a discriminatory law. And so it's
- 37:24Speaker 1: going to be really easy for you to bring a
- 37:26Speaker 1: lawsuit and for a judge to say, like there's even
- 37:30Speaker 1: a little bit of discrimination here. This law is illegal
- 37:32Speaker 1: because it's discriminated against Chuck and he's it says in
- 37:35Speaker 1: the Constitution you can't discriminate against Chuck. It just means
- 37:38Speaker 1: that that the standards for that law um to stand. Uh,
- 37:45Speaker 1: like everyone else on the planet basically has to benefit
- 37:48Speaker 1: from you not getting oatmeal for some reason, and that
- 37:52Speaker 1: that that's just not how laws work. So it would
- 37:54Speaker 1: be really easy for you to to bring a lawsuit
- 37:57Speaker 1: and get that law overturned because it discriminates it because
- 38:00Speaker 1: you're a protected class. Now, if it's just like everybody
- 38:03Speaker 1: likes Chuck, but it doesn't say in the Constitution that
- 38:06Speaker 1: you can't be discriminated against, they're going to use a
- 38:08Speaker 1: slightly less strict test to determine whether the thing is
- 38:13Speaker 1: is a discriminatory law or not. And so maybe yeah,
- 38:16Speaker 1: it generally um promotes oatmeal use among other people, among
- 38:21Speaker 1: all people, but there's some other people who don't get
- 38:24Speaker 1: it too. That doesn't really matter because you know, it's
- 38:27Speaker 1: not enshrined to the Constitution. So it's almost like degrees
- 38:30Speaker 1: and once you're in the Constitution as you as a
- 38:32Speaker 1: protected class, like it is really difficult to discriminate against you.
- 38:36Speaker 1: And that's one reason why people say, no, we need this,
- 38:39Speaker 1: we need this in the constitution because women, uh and
- 38:43Speaker 1: sex and gender even should be a protected class. You
- 38:46Speaker 1: should not be able to discriminate against somebody based on that. Yeah,
- 38:50Speaker 1: I mean that's the main um. That is the main
- 38:53Speaker 1: argument for proponents of the r A is saying, no,
- 38:56Speaker 1: let's make this of the real deal. Um there. You know,
- 39:00Speaker 1: cases can be overturned, laws can be reversed, Executive actions
- 39:04Speaker 1: can have devastating impacts, um. And and only being enshrined
- 39:10Speaker 1: in the Constitution will make this like like you said,
- 39:14Speaker 1: just so locked down and protected that people can't mess
- 39:17Speaker 1: with it anymore. I think we've seen in recent years
- 39:20Speaker 1: that you know, precedent can be argued and laws can
- 39:24Speaker 1: be overturned, and it's like, sure, we have all these
- 39:29Speaker 1: laws that passed since the r A first came uh
- 39:33Speaker 1: was ratified you know, in the nineteen seventies. But it
- 39:38Speaker 1: doesn't take much, you know, especially when you look at
- 39:40Speaker 1: a very imbalanced Supreme Court when Pete for people to
- 39:44Speaker 1: kind of worry that these these things can be taken away. Yeah.
- 39:47Speaker 1: And I mean, like there was a famous quote from
- 39:49Speaker 1: antonin Scalia when he was alive and Ajustice on the
- 39:52Speaker 1: Supreme Court basically saying like, no, the Constitution most decidedly
- 39:56Speaker 1: does not protect against discrimination on the basis of sex.
- 40:00Speaker 1: And you know, when when you hear Supreme Court justice
- 40:02Speaker 1: saying that, it's like, well, you know, how many cases
- 40:05Speaker 1: is it gonna take before he rules like, no, you
- 40:08Speaker 1: can totally discriminate against somebody on the basis of sex
- 40:10Speaker 1: if it's in the constitution. It doesn't matter what Anton
- 40:13Speaker 1: and its school or any other justice thinks. It's in
- 40:15Speaker 1: the constitution, So that that level of protection, like you
- 40:18Speaker 1: were saying, would be, it's just a totally different level
- 40:22Speaker 1: of protection than you know, customarily we we don't discriminate.
- 40:26Speaker 1: It's no, you can't discriminate. That's the difference between those
- 40:29Speaker 1: two things. Yeah, and not just reversing laws, but passing
- 40:33Speaker 1: new laws that maybe violate violate that equal treatment under
- 40:38Speaker 1: the law. Uh. And you know some other things that
- 40:41Speaker 1: that that constitutionally um could come into play if if
- 40:45Speaker 1: it were to go through is something like the Pink
- 40:47Speaker 1: tax I. Don't think we've ever done a show on
- 40:50Speaker 1: the Pink tax I. Don't think so either. But this
- 40:53Speaker 1: is you know, this is the notion that like you know,
- 40:56Speaker 1: from everything that like similar products for men and women, uh,
- 41:00Speaker 1: they charge women more than they do for men for
- 41:02Speaker 1: these products. UM to stuff like you know, menstrual equality
- 41:08Speaker 1: or equity. Basically you know, tampons, uh, pads other menstruation
- 41:13Speaker 1: products should not be taxed anymore. They should be like
- 41:17Speaker 1: treated like any other essential item. Yeah. And then so
- 41:20Speaker 1: so there are a lot of things, a lot of
- 41:23Speaker 1: protections that it would afford. One thing that frequently is
- 41:26Speaker 1: UM cited as as UM protecting women against is like violence,
- 41:30Speaker 1: like say, domestic violence. From what I read, it probably
- 41:33Speaker 1: wouldn't UM because it protects against being discriminated against by
- 41:38Speaker 1: the law. It doesn't necessarily afford protection from like an
- 41:41Speaker 1: individual person or something like that, necessarily a company, although
- 41:45Speaker 1: being in trined in the constitution, you could really sue
- 41:48Speaker 1: a company's pants off for discriminating against you. UM. But
- 41:52Speaker 1: there are there are some things that would do, some
- 41:54Speaker 1: things that wouldn't do, and then there's some things up
- 41:55Speaker 1: in the air. And one of the reasons why this
- 41:57Speaker 1: is still such a cultural UM flashpoint still today in
- 42:03Speaker 1: is because now more than ever UM it has become
- 42:07Speaker 1: equated with taxpayer funded abortion. And the reasoning behind people
- 42:12Speaker 1: who oppose the e r A because they think it's
- 42:15Speaker 1: basically tantamount too just completely repealing any restrictions on abortion.
- 42:20Speaker 1: Abortion from that point on is only women can get abortions,
- 42:25Speaker 1: and so if there's a law against abortion, there's a
- 42:27Speaker 1: law that's discriminating against women. Therefore you can't have laws
- 42:32Speaker 1: regulating abortions. And so that's why, especially with the Christian right,
- 42:37Speaker 1: it's still such a flash point today, and that's why
- 42:40Speaker 1: starting from scratch again is going to be no easier
- 42:44Speaker 1: than it was back in nineteen two. Yeah, now you're
- 42:48Speaker 1: probably right. Uh, it's pretty frustrating though to get to
- 42:52Speaker 1: that thirty eight state threshold, and because of some dumb,
- 42:56Speaker 1: arbitrary expiration date placed on it, it's still being held
- 43:01Speaker 1: up in the year yeah, in the year one. And
- 43:05Speaker 1: then also, the United States has an obligation is like
- 43:07Speaker 1: basically the leader of the free world to join the
- 43:12Speaker 1: rest of the Western nations in in enshrining equal protection
- 43:17Speaker 1: and the law for bisex um. I guess the United
- 43:21Speaker 1: States is one of only twenty eight countries in the
- 43:23Speaker 1: world that doesn't guarantee gender equality, one of chuck and
- 43:28Speaker 1: a hundred percent of the countries that have written their
- 43:32Speaker 1: constitution since nineteen fifty have included some guarantee of gender
- 43:36Speaker 1: equality in those constitutions. So it's kind of sad that
- 43:40Speaker 1: we don't have that still to this day. Yeah, and
- 43:43Speaker 1: if you look around the country this, you know, Dave
- 43:45Speaker 1: Ruse helped us out with this article, and he points
- 43:48Speaker 1: out stuff like, you know, if you go to Nepal,
- 43:50Speaker 1: their Supreme Court struck Donalogu exempting marital rape from criminal
- 43:55Speaker 1: prosecution because of its e er a clause. UH. In Tanzania, UH,
- 44:01Speaker 1: the Court of Appeal struck down a law that allowed
- 44:03Speaker 1: a fifteen year old girls to be married without parental consent,
- 44:07Speaker 1: while boys only had to be at eighteen. So, you know,
- 44:10Speaker 1: when you look at countries around the world that are
- 44:13Speaker 1: are seemingly ahead of the USA and in terms of
- 44:18Speaker 1: equal protection, is just it's it's baffling and disappointing. Baffling,
- 44:22Speaker 1: is right. Yeah, do you got anything else? I got
- 44:26Speaker 1: nothing else. It's good stuff. I have one more thing.
- 44:29Speaker 1: If you're give me another second, you're ready. So when
- 44:32Speaker 1: I was researching this, my head was just spinning again
- 44:34Speaker 1: and again and again. Um and It reminded me of
- 44:37Speaker 1: something that I read recently, and that is as really
- 44:39Speaker 1: easy to get bounced around from one outrage to another,
- 44:43Speaker 1: to one thing, to care about this issue, and then
- 44:45Speaker 1: oh wait what about this issue? And I saw some
- 44:47Speaker 1: advice somewhere I don't remember where, but it was, if
- 44:50Speaker 1: you want to affect change, pick one issue and dedicate
- 44:54Speaker 1: yourself to it. And that doesn't mean that you don't
- 44:56Speaker 1: care about all the other issues that you do care about.
- 44:59Speaker 1: It's just this one issue is your specialty. You're an
- 45:03Speaker 1: expert in it, and you're probably going to get further
- 45:07Speaker 1: going like that. You're probably going to be able to
- 45:09Speaker 1: see more change doing that than you would just kind
- 45:12Speaker 1: of bouncing from issue to issue to issue. So I mean,
- 45:15Speaker 1: if this like really got to you and you really
- 45:17Speaker 1: want to do something about it, make the make getting
- 45:20Speaker 1: the e R A past your specialty, you know totally. Okay, Well,
- 45:25Speaker 1: thanks for letting me stand on the soapbox for a second.
- 45:29Speaker 1: And since I'm getting off of my soapbox and Chuck
- 45:31Speaker 1: is putting it up in the soapbox caddy that we
- 45:34Speaker 1: keep here in the studio, UM, that means it's time
- 45:36Speaker 1: for listener mail. I'm gonna call this a ninja in
- 45:43Speaker 1: the Connecticut for us. Nice? Did you read this one? No?
- 45:47Speaker 1: I haven't. This is kind of crazy. It's long, but
- 45:49Speaker 1: it's worth it. Hey, guys. When I was about seven,
- 45:52Speaker 1: my mom married the man I called dad, and we
- 45:54Speaker 1: promptly moved from Texas to Connecticut, where we used to
- 45:57Speaker 1: go camping a lot. On one trip or I'll out
- 46:00Speaker 1: in the woods midnight, rolls around and go to bed.
- 46:02Speaker 1: About an hour later, I heard my tent on zipping
- 46:04Speaker 1: and my dad started shaking my foot, saying, come out here,
- 46:07Speaker 1: there's an effing ninja. So I throw on some slippers
- 46:11Speaker 1: in my jacket, but grudgingly trudge out to see a kid,
- 46:13Speaker 1: you not a ninja sitting next to the fire pit.
- 46:17Speaker 1: I remember actually shaking my head in disbelief to reaffirm
- 46:19Speaker 1: this wasn't some very strange dream. And now when I
- 46:22Speaker 1: say there was a ninja, I mean full black garb
- 46:25Speaker 1: with a slit to see through. This dude had twin
- 46:27Speaker 1: swords on his back, throwing stars, tiger claws for climbing,
- 46:30Speaker 1: grapple hooks, all the tools. Apparently, my dad saw him
- 46:34Speaker 1: rolling out of a bush and I had to see
- 46:36Speaker 1: what was going on. The story behind this guy was
- 46:39Speaker 1: he was a national a National guardsman and also ran
- 46:43Speaker 1: a jew kindo and ninajut So do jo and Rhode
- 46:48Speaker 1: Island as his main gig. We sit for the next
- 46:51Speaker 1: couple of hours and this guy is just showing a
- 46:53Speaker 1: stuff like how fast you can climb a tree or
- 46:55Speaker 1: how to throw a star. The night progresses and he
- 46:58Speaker 1: asked if we were familiar with Bruce Lee, as an
- 47:00Speaker 1: average fan of Enter the Dragon from around eight. I
- 47:03Speaker 1: said yes, and he asked if I'd ever seen his
- 47:05Speaker 1: one inch punch. Excitedly, I said sure, I have. And
- 47:09Speaker 1: then his name is Brian Ninsha, he said Brian then
- 47:12Speaker 1: asked if he could demonstrate it on me, a pudgy
- 47:15Speaker 1: twelve year old. I said no, thanks, I'm good and
- 47:18Speaker 1: I explicitly did not want to fly backwards with any
- 47:20Speaker 1: force uh. And he said no, no, I'll do it
- 47:23Speaker 1: with an open palm so it doesn't hurt. I give in.
- 47:26Speaker 1: He positions me safely away from the fire pit with
- 47:29Speaker 1: my back facing the tent, about seven ft away from anything. Uh.
- 47:33Speaker 1: Never trust anyone by the way whose instruction is okay,
- 47:36Speaker 1: Now just stand there while I hit you. Uh. He
- 47:39Speaker 1: inhales deeply does the flath hand against my stern um,
- 47:42Speaker 1: just like can kill Bill. Then in an instant, I
- 47:44Speaker 1: saw his muscles tense up as he audibly exhaled sharply
- 47:48Speaker 1: and hit my chest open handed. I go airborne and
- 47:52Speaker 1: hit my tailbone next on a tent steak seven ft
- 47:56Speaker 1: behind me, and can't really walk without crutches for a
- 47:58Speaker 1: couple of weeks. Kids at school never believe me when
- 48:02Speaker 1: prodding about why I was on crutches, because who would
- 48:05Speaker 1: believe a kid that says I had to run in
- 48:06Speaker 1: with a ninja in the middle of the woods. Uh.
- 48:10Speaker 1: That is from Drew Carroll and shaying Cheyenne Wyoming, Shyenne, Wyoming.
- 48:19Speaker 1: That is a great, great story. That was a magnificent
- 48:22Speaker 1: listener mail. I mean, hats off for that one. Thank you.
- 48:26Speaker 1: And if you're Brian and you're out there, I want
- 48:29Speaker 1: to hear what happened to you. Yeah, Uh, he's probably
- 48:32Speaker 1: He's like, I've been doing a ten year bid for
- 48:34Speaker 1: beating a kid up in the woods, but the kids
- 48:36Speaker 1: said I could hit him. Oh boy. Well, if you
- 48:40Speaker 1: want to get in touch with this like Drew and
- 48:42Speaker 1: try to top Drew zie a listener mail. Drew, by
- 48:45Speaker 1: the way, is the current listener male Champion. UM, we
- 48:48Speaker 1: want to see if you can do it. You can
- 48:50Speaker 1: send us an email, wrap it up spanking on the bottom,
- 48:53Speaker 1: and send it off to Stuff podcast at iHeart radio
- 48:56Speaker 1: dot com. Stuff you Should Know is a production of
- 49:01Speaker 1: I heart Radio. For more podcasts for my heart Radio,
- 49:04Speaker 1: visit the iHeart Radio app, Apple Podcasts, or wherever you
- 49:06Speaker 1: listen to your favorite shows. H