The language of the ERA in fact rejects the differences between women and men, by declaring a “sameness” of men and women.
“Equality” and “sameness” are not synonymous. Embracing diversity means recognizing and appreciating our differences, rather than pretending there are none.
Recognition of the differences between men and women is not discrimination. It is an honest appreciation of fact.
Men and women are distinct. Ignoring it, running from it, or passing some overly broad statement of “sameness” does not move us to more equal ground.
Therefore, a state ERA strips away from women their unique place in the law because there will be no more preference to women to meet their specific needs. The ERA has proven to be particularly harming to stay-at-home spouses.
“…[I]t could relieve the fathers of the primary responsibility for the support of even infant children, as well as the support of the mothers of such children…” (U.S. House Judiciary Committee Report (No. 92-359, July 14, 1971).