In the face of a Roe overturn, could the Equal Rights Amendment help protect reproductive rights?
In that case, the Court ruled that a policy excluding pregnancy from a disability insurance program is not sex discrimination in violation of the equal protection clause because it does not discriminate between men and women, but between “pregnant and non-pregnant persons.”interpretation of the equal protection clause has never been overruled. In fact, the Court has never interpreted the equal protection clause to provide full equality for women.
So far, the only Republican senators supporting the ERA joint resolution are Lisa Murkowski of Alaska and Susan Collins of Maine. Not one male Republican senator has indicated support and Minority Leader Mitch McConnell has pledged to block the measure. Meanwhile, Democratic Senators Manchin and Sinema have refused to support lifting the filibuster.
Pennsylvania asking the state’s Supreme Court to strike down the Pennsylvania ban on Medicaid funding for abortion as a violation of the ERA and equal protection provisions of the Pennsylvania Constitution. the state’s refusal to cover abortion in its Medicaid program is sex discrimination because the policy excludes “funding for an extremely common, sex-linked medical need of women while funding all reproductive medical needs for men.
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