My ERA

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Since the passage of Prop. 8 in California, many people have been trying to figure out how we can protect minorities and other disenfranchised groups from the “tyranny of the majority.” One idea that has been floating around the blogosphere is a new and improved Equal Rights Amendment (ERA), designed to protect not only women but other classes if people who risk being having their rights taken away by popular vote.

Here is my version of the new ERA:

Section 1. Equality of rights under the law in the United States shall not be denied or abridged by the on account of:

  • Gender 
  • Sexual orientation
  • Gender identity
  • Immigration status
  • The disbelief or denial of the existence of God or gods
  • The choice not to practice a religion or creed
  • DNA or genetic differences

Section 2. The United States legislature shall have the ability to give additional classes of people protected status with a simple majority vote.

Section 3. The United States legislature shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 4. No law, policy, executive order, ruling, constitutional revision or amendment shall be passed at any level of government which prevents a protected class from enjoying full access to civil law or the constitutional protections.

In addition to women, immigrants, LGBT people, and those with genetic disorders and differences, my ERA would protect Americans from religious zealots who want to turn this county into a theocracy.

Section 2 would give Congress the ability to add other classes of people to the list when it becomes necessary.

What do you think? How would you write a new ERA? 

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Equality of rights under the law in the United States shall not be denied or abridged on account of:

* Penis shape, size, orientation, inclination or absence
* Inability to find anything funny, although this will not be construed to protect said individuals from being made fun of
* Gender, even if of more (or less) than the expected number
* Immortality
* Disbelief in the state

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