LPC 2021 Platform Committee Initial Report
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Revise: IV.4 Discrimination

Recommended by a vote of 6 to 1 with 4 abstentions

Summary

The Equal Right Amendment which was passed by Congress in 1972 provides that: "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." This amendment was ratified by many states, but whether it was ratified by enough states is in dispute, due to a provision in the original legislation imposing a time limit and later revocation of ratification by several states. This proposal would express our support for the ERA and for it being considered as ratified.

Note: for anybody unfamiliar with this issue, the following article providing background from a libertarian perspective may be helpful: https://reason.com/1974/08/01/libertarians-and-the-era/

Changes

Add language to the beginning of the plank asserting our support for the general concept of equal protection of the laws, and add a new second paragraph specifically about the ERA.

Text Showing Revisions

We support the equal protection of the laws, meaning nNo level of government should deny or abridge the rights of any individual on account of sex, race, color, creed, age, national origin, economic status, marital status, sexual preference, physical ability, mental ability, or place of employment. We affirm that government should not use quota systems based on any of the above criteria.

Since the early days of our nation women have not had equality of rights under the law. Women have been denied the right to vote, own property, start a business, and get credit. To ensure women receive basic human rights, and the equal protection of the laws, we declare support for the passage of the Equal Rights Amendment (ERA). Therefore, we call upon the Archivist of the United States to declare Virginia's ratification of the ERA has reached the three-quarters threshold required for adoption by the Constitution; that the ERA is adopted and is part of the Constitution.

We oppose all governmental attempts to regulate private choice in association, including discrimination in employment, housing, and the use of privately-owned "public" accommodations. The right to trade includes the right not to trade – for any reason whatsoever. We also call for the repeal of the so-called Civil Rights Act of 1991 whose self-contradictory provisions force employers to use hiring quotas on the basis of race and sex in order to avoid "disparate impact" lawsuits, but whose provisions make it illegal to use such hiring quotas.

We call for the repeal of the Americans with Disabilities Act (ADA), since it imposes mandates on employers to hire individuals they may not wish to hire, such as alcohol or drug abusers and people with personality disorders. Additionally, businesses are told what type of facilities to provide, which violates private property rights, and also discourages employers from hiring low-skilled or disabled people.