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repealed Therefore…An Equal Rights Amendment to the Constitution is the only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.