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The Equal Rights Amendment: A New Reasonableness Test for Viewing Sex-Based Classifications

Men and women are frequently subjected to different rules in the law and society. The American legal system currently contains forms of common law principles which result in irrational discrimination on the basis of sex and articulation of a national policy against sex discrimination has not yet been voiced by the judicial system. On March 22, 1972, the following constitutional amendment was submitted by Congress to the legislatures of the states for ratification:' Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification. The Equal Rights Amendment 2 culminates an effort begun in 1923 to forbid federal and state laws which discriminate on the basis of sex. 3 On four other occasions the Amendment 4 has received serious congressional consideration, but failed due to doubts concerning the