Imagine living in a state where, based on traits someone was born with and have no control over, they weren’t allowed to have the same protections as other people.
Like being born with six toes instead of five on one foot and, no matter how hardworking someone is, they will never get paid equal to someone who was born with only five toes. Or they will never have the same work benefits as people with five toes will.
This outdated, discriminating world does exist for many people. Especially in Idaho, where there is currently not as much legal protection for women, transgender people, intersex people and other communities because the state hasn’t ratified the Equal Rights Amendment.
Being a woman, being trans and being intersex are normal, and not nearly as uncommon or remarkable as someone having been born with six toes.
In 1972, Idaho was among the first wave of states to ratify the Equal Rights Amendment and approved it 59-5 in the House and 31-4 in the Senate. However, in 1977 the legislature rescinded their ratification and the amendment was never added to the U.S. Constitution.
Then-Sen. Jim Risch, who is currently representing Idaho in the U.S. Senate, voted in favor of rescinding the ratification.
The current amendment, from Senate Joint Resolution 103 by Idaho Sen. Melissa Wintrow, calls for the addition of a Section 24 to Article I of the Idaho Constitution.
“Equality of rights and responsibilities under the law shall not be denied or abridged on account of sex,” is the proposed wording of Section 24.
In an early February session, ASUI passed a resolution unanimously supporting the implementation of the Equal Rights Amendment in the Idaho Constitution. According to the resolution, the adoption of the amendment would fend off any impediments for women’s rights in Idaho.
The right to vote remains the only right in the U.S. Constitution explicitly applied to both men and women equally, and this amendment would provide much more solid constitutional protections for women, trans, intersex and others.
It’s always amazing how far behind the U.S. and Idaho are when it comes to equality, and the fact that Idaho’s Risch is “representing” us in the U.S. Senate after voting to rescind such an important amendment to our constitution is disturbing.
This situation really shows how outdated many of Idaho’s laws are, and how old our representatives are for not recognizing men and women and everyone between as equals.
Race and sexuality need to be included in the amendment as well because Black people, Hispanic people, gay people, trans people and all the other types of wonderfully diverse people out there are just as human as anyone else is. They undeniably need protection of their rights under our Constitution too.
In Idaho, there are only 12 cities that have legal protections for people based on sexual orientation and gender identity in the areas of employment, housing and public accommodations. Moscow passed the nondiscrimination ordinance in 2013, and the most recent city to pass these laws was Idaho Falls in 2020.
No matter your sex, race or gender people are people and we should all have equal rights, responsibilities and protections. Advocate for our communities and get them the equality we all deserve. Our state representatives can be reached here.
- Editorial Board