Wendy McElroy recently wrote an article for Fox News (E.R.A.: R.I.P.) that had some extremely harsh — but accurate — words for feminists who have decided to resuscitate the Equal Rights Amendment. As she sees it, feminist groups such as the National Organization for Women are resurrecting the ERA because they have nowhere else to turn.
McElroy, for her part, has no use for the latest attempt to push the ERA,
THere are many reasons to oppose the new ERA, not the least of which is that the Constitution already applies equally to both genders. What organizations like NOW are hoping to achieve is not equality, however. They wish to sneak in some agenda items through the back door.
What sort of things would NOW like to sneak through the back door? As McElroy points out, NOW would almost certainly use the ERA to demand that all states fund abortions. Section 1 of the ERA says, “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex” (emphasis added). The Supreme Court has previously ruled that states may fund abortions if they choose, but cannot be compelled to do so.
But with the ERA in place, NOW and other groups would likely argue that when a state says it will pay for, say, an appendectomy but not an abortion, that this decision is a prima facie denial of a woman’s right to equality under the law.
Think this is some absurd right wing idea? NOW and others filed legal briefs in a New Mexico abortion which case which argued just this: that a version of the ERA adopted by New Mexico required state funding for abortions. The New Mexico Supreme Court unanimously ruled in favor of this notion in 1998, and ordered the state to begin paying for abortions.
Like McElroy, I am pro-choice but against forcing taxpayer to fund of abortions, and the feminist duplicity on this point is difficult to stomach. On the one hand filing briefs in New Mexico arguing that ERA language means states can’t opt out of funding abortions, but simultaneously attacking as a right wing myth that the passage of the ERA means mandated funding for abortions.
On the other hand, the mainstream feminist movement has become its own worst enemy when it comes to preserving abortion rights. According to McElroy,
Eventually, gender feminists such as Catharine MacKinnon refused to share a stage with women who argued on any grounds for the right to publish pornography. At that moment, I knew the feminist movement would not be able to regroup should abortion rights ever come under sustained attack. The most innovative voices in the movement — most notably Camille Paglia — were relegated to the status of “anti-feminist” because they disagreed. What happened to the feminism in which every woman’s voice should be heard?
You can see this inability to defend abortion rights in the rhetoric that has been coming out of NOW ever since the election of George W. Bush. I expected to see a sophisticated, coordinate opposition to Bush’s initiatives on abortion, but instead NOW seems reduced to shrieking that Bush will create some sort of Afghanistan-style oppressive regime if we don’t all hit the streets in protest today. All NOW and other groups seem to have left when it comes to abortion is hyperbole and vicious ad hominem attacks — most pro-abortion groups, in fact, don’t even seem interested in actually defending the morality of abortion (which might not be so bad, since for the last decade they have been decisively outmaneuvered by abortion opponents on the rhetoric front).
But while they don’t seem to be able to make the case for abortion, they have no problem with regularly sending me fund raising letters/pamphlets that highlight their continuing campaign against Rush Limbaugh. I guess for NOW that’s enough of a consolation prize for the organization’s continuing irrelevance.
Source:
E.R.A.: R.I.P.. Wendy McElroy, Fox News, April 20, 2001.