Potential new language for gender equality

Equal rights for women have been pending on the ballot off and on since the 1920s but women’s rights have not been formally recognized in the Oregon Constitution.

Article 1, Section 20, of the Oregon Constitution already requires privileges and immunities to be granted to all persons. Measure 89 would clarify in new language that no corporation or political subdivision can deny equal rights to anyone on account of their sex. This applies more directly to women, since women historically have been discriminated against, and paid less salary than their male counterparts.

The phrase “unless justified by specific biological differences between men and women” means jobs such as firefighting do not have to place the same strength requirements on women as they do men.

Those in favor of Measure 89 argue that women deserve this addition to the constitution. Women have worked hard to get where they have today. Besides, if women’s rights are mentioned in the U.S. Constitution (woman’s suffrage), why should it not be applied in the state constitution?

Even though equality is mentioned for all citizens in general, it does not negate the fact that women still experience second-class treatment. New wording in Oregon’s constitution should make discriminating against women a more obvious crime.

Measure 89 might make equal rights more concrete, but some critics say Article 1 is concrete enough.

Those opposed to Measure 89 argue it is redundant. The constitution already implies equal rights for all, which includes women. Labeling sex, opponents argue, puts women in a special category. “All means all,” and adding rhetoric about women’s rights specifically will give way to needless lawsuits, critics say.

Including the category of women into the constitution also makes that category very narrow. It does not leave the connotation of “women” open to interpretation, as if we were to generalize equality to mean all – all gender/sex variations included.

Also, those opposed to abortion fear the amendment could be “twisted” in a way where private medical centers will be forced to perform medical abortions.

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