Gender equality must be in Constitution

Bert Hilburger’s Letter to the Editor (Gazette, Nov. 24), generated on the Family Foundation website, misses the mark because of inaccuracies.

He is not likely aware of the details, but his statement that the 14th Amendment provides gender equality is a half-truth.

The courts have interpreted gender discrimination to be covered by the 14th Amendment with a lesser protection — intermediate scrutiny — in comparison to the strict scrutiny provided to race, religion and country of origin. The difference in judicial scrutiny levels means it is easier to discriminate based on gender than it is on race, religion or country of origin.

Legal advances for women in the past 40 years — the right to credit, the right to participate in school sports, the right to education — are based on legislation or court decisions. These can be changed or reversed.

Equality cannot be left to the political whims of who is sitting in a seat and must be enshrined in our Constitution.

Dee B. Sulenski


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