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As ranking member, Rep. Johnson of Louisiana has been given the floor by other Republicans on the committee today and left to ask the Qs.
Johnson: The word "sex" in the federal civ rights law includes self professed gender identity, does sex in ERA includes gender identity?
Sullivan: ERA prohibits discrimination on the basis of sex. If there's discrimination on basis of sex in the treatment of LGBTQ+, then that will count as unconstitutional under ERA.
The proper textual reading does include discrimination on orientation or transgender identity, she adds.
Dr. Spearman says she agrees. On the basis of sex, gender identity is a new way of saying "this is who I am."
She notes she is Christian and an ordained minister. She says to Johnson: If the founder of my faith were here today, he would say it doesn't matter because remember he said, "whosoever will, let them."
Johnson says they both believe in redemption, he is a Christian too but there is some different interpretations of the scripture. "That is best left to another day," he says.
Do you think there's a reluctance by the majority to reissue ERA to states without ratification deadline because they know a torrent of litigation will follow? Johnson asks.
Prof Foley says it "clearly" would happen and she's confident that SCOTUS would overturn if Congress were to say, extend the amendment by a simple majority.
"SCOTUS will say its not a valid amendment," Foley says before adding "and its not good for the country, I would assume."
"You go to all that time and trouble and it gets reversed. It's not good for the ERA or those who support gender equality to take the country through that process. If you think its an important enough issue, you have to do this right to make it stick." - Prof Foley
Rep Garcia is up, and she says she is particularly troubled by the "whole nonsense" of ERA impacting repro rights.
Anything to do with ERA has *nothing* to do with right to privacy, again. It's about equality,she reminds the chamber.
Garcia: While some say the ERA can't pass because of deadline restrictions, she notes, there is no deadline in the actual text of the amendment itself.
Sullivan affirms this. Again.
"No deadline in text of amendment and that is all Article 5 speaks to. You can change the deadline because it is only in the preamble. I disagree with Foley about lots of litigation. The current law says its non-justiciable." - Sullivan says
"And for good reason. We don't want courts to decide whether amendments are valid or not because amendments are the only way we control the court," Sullivan says.
"We don't want foxes to guard hen houses or the court to guard the process by which its own decisions can be overruled. You have the power, a court cant strike it down if you exercise it. "- Sullivan
On why people do not support ERA: Spearman: I do not understand in "god's name why" this is so hard for people to understand. This is equality.

And not just for women, this is equality for all.

"It's about equality. Period." - Dr Spearman
What about the economic benefits of equal pay and rights?
Arquette: If you're making 54 cents less as a Latina women then your white male colleague, your paying a 46 percent gender tax.
If you asked men if they would do this, they would say no.
"There's a reason why we have millions of women in poverty when they're old. It follows you your whole life. It impacts your whole life."
If a black woman makes 61 cents on a dollar, she's paying a 39% gender tax. So she must take on an extra job.
"If she's a single mom, she now has two jobs & has to caregive. Black wmn are less likely to get breast cancer but are more likely to die from it. In this case,she says, to take time off to care for your kids, you may not always have time to care for your own health."
"This is killing women." - Arquette
This happens to Native American women, Latina women, Asian women. and white women, with WOC being impacted more severely.
"When we're closing clinics and not giving women access to healthcare, we're giving them a death sentence. We're going to let people have cancer."
Texas Republican Rep. Louie Gohmert is making an argument right now that if ERA is passed it would in effect, force women to share bathrooms with transgender individuals and he is uncomfortable with this.
Agree? Disagree? You can let him know. gohmert.house.gov/contact/
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