Equal Rights Amendment 1. Main Arguments a. Since current sex discrimination laws are not based on constitutional amendments, are poorly enforced and are subject to interpretation. An Equal Rights Amendment to the Constitution is the only way to ensure the consistent enforcement of laws protecting the rights of women. b.
Since there is no Constitutional protection for women are underpaid in regards to men in similar positions. An Equal Rights Amendment to the Constitution would end the underpaid and undervalued status of women in the workforce. c. Since Laws to protect women from discrimination due to pregnancy are not protected by a constitutional amendment. An Equal Rights Amendment to the Constitution would guarantee the integrity of a women’s body unto herself. d.
Since elderly women are economically discriminated against due to both their sex and economic situations. An Equal Rights Amendment to the Constitution would protect against sex discrimination in pensions, insurance and social security. e. Since discrimination against people due to their sex occurs in many basic areas. There is not an amendment protecting the rights of an individual regardless of sexual orientation.
An Equal Rights Amendment to the Constitution would protect against discrimination due to sexual orientation. 2. Arguments in Standard Form a. Since..Laws to prevent sex discrimination are ephemeral, or short-lived And..hard won laws against sex discrimination do not rest on strong Constitutional foundation And..current laws contain loopholes, are misinterpreted and ignored And..current laws may be weakened by amendment or repealed Therefore..An Equal Rights Amendment to the Constitution is the only way to ensure the consistent enforcement of laws protecting the rights of women. b. Since..Women are discriminated against in the workforce And..women still remain underpaid in comparison to their male counterparts in identical jobs And..federal laws do not address issues of pay equity for comparable worth Therefore..An Equal Rights Amendment to the Constitution would end the underpaid and undervalued status of women in the workforce.
c. Since..Stereotyping and discriminating against pregnant women and mothers interferes with a women’s right to control her body And..women are not guaranteed job protection and reinstatement due to maternity leave And..there is no constitutional protection for the historic Row v. Wade, leaving the right of a woman to control her body in jeopardy Therefore.. An Equal Rights Amendment to the Constitution would guarantee the integrity of a woman’s body unto herself. d. Since..Sex discrimination contributes to the economic plight of older women And..a majority of the elderly poor are women And..women are paid less in benefits due to sex discrimination And..governmental programs are based on a system, which does not reflect current societal standards Therefore.. An Equal Rights Amendment to the Constitution would protect against sex discrimination in pensions, insurance and Social Security. e.
Since..Discrimination based on sexual preference occurs in basic areas of life And..there is no constitutional guarantee of rights regardless of sexual orientation Therefore..An Equal Rights Amendment to the Constitution would protect against discrimination due to sexual orientation. 3. An Argument for assessment (B) a. Fallacies 1.Casual Oversimplification 2.Faulty Analogy 3.Argument by Innuendo b. Evidence/ Credibility 1.Women are paid less in jobs that are traditionally women’s. 2.Women are paid less in jobs that are standardized.
3.Women are paid less in jobs in which they make up the majority. c. How the Argument would be made stronger. 1. The majority of the work force is male.
A majority, even in an entirely equal setting will still be a majority. The argument of unequal pay across the entire economy is based on a Casual Oversimplification of the percentages. 2. A comparison of pay/worth based on two entirely different job descriptions is a faulty analogy. 3. Worth is something that is subjective.
There is no way to create total equality when the standard is subjective. This is an argument by innuendo. Who Needs an Equal Rights amendment? You do! Begins by addressing the fact that there is not an Equal Rights Amendment to the Constitution and the inherent weaknesses that this causes for equal rights laws. A law gets it’s strength from the amendment that created it. In the absence of an amendment a law is subject to inconsistent interpretation and enforcement.
This is perhaps the most relevant and convincing argument in this article because it is based on fact. Amendments to the Constitution act as a guarantee to society against dramatic policy shifts. Unequal pay offered to women with regards to standardized jobs leads itself to promoting an Equal Rights Amendment. The equal opportunity for both men and women to seek and hold positions in the workplace must be protected. Unequal pay for the same work is not representative of an equal workplace.
A woman’s body is just that, her body. No one has the right to restrict her freedom to it. By limiting the protection given to pregnant women and mothers, the workplace becomes unequal. Males have an absolute advantage in regards to the time needed for pregnancy and motherhood. With out an Equal Rights Amendment the workplace cannot be of equal opportunity when the sexes are so distinctly dissimilar. Older women suffer the most from the lack of an Equal Rights Amendment. A majority of the elderly poor are women.
The status of the elderly is a result of the views of several generations. Low wages combined with low social benefits add to the poverty of this generation of women. Equal rights legislation would help the situation of these women by adjusting the standards by which women are both held to and judged. The regulations that govern insurance companies do not fairly address the equality of women. Unequal insurance premiums and payments to women demonstrate the unfairness of the current system.
If women were truly equal, insurance standards would also be equal. The Social Security system that was founded in 1940 still bases its policy on the cross section of society during that time. Because of the inability for the system to adjust according to changing societal conditions it has now become unfair and needs to adjust to meet the needs of women. Discrimination due to sexual preference occurs in every aspect of life, yet is not something that is protected by an amendment to the Constitution. The basis for judgments on sexual orientation is based within ignorance and societal conditioning.
The arguments that are based on fact and supported by evidence are all strong and convincing. They use figures that portray a clear picture of the inequality that women must face in the workforce. Because of this factual basis the arguments for an Equal Rights Amendment are convincing. The opposite is true for the arguments that are supported by questionable evidence and opinion. By using figures that do not truly represent the workplace in today’s society, the argument is weakened.
The weakening of the argument is due mainly to the use of fallacies to influence the reader. Casual Oversimplification is used to classify the status of women in the workplace. The amount that women are paid in comparison to men is not further justified through an equal cross section and equal number of respondents. A percentage is being used to possibly compare two completely different cross sections. The use of a Faulty Analogy in regards to the availability of pensions for women also does little to help that argument.
The fact that women are only half as likely to receive a pension means little unless you also compare the types of jobs where the pension is offered. Comparing apples to oranges does little to help this argument. Finally the author goes so far as to employ an Argument by Innuendo. Appealing for the rights of a woman to control her body the author goes so far as to blame the high number of pregnancies on restrictive apportion legislation. The idea of mandatory pregnancy due to the restrictive ness of law is offensive. There is no cure for cancer and it would not be right to withhold treatment for this disease.
There is however a highly reliable means to avoid pregnancy..abstinence. The author attempts to use the results of irresponsibility to validate the cause for equal rights. By combining well founded arguments with those that are based on little except emotion the author goes far to argue for equal rights legislation. The collusion of facts with emotion makes the argument more personal to the reader. This mix tends to confuse the reader leading him or her toward the conclusion that the Equal Rights Amendment is not only needed but also long over due.